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Rhode Island Car Accident Lawyer | Vehicle Crash Statistics

RI Car accident Lawyer, David Slepkow  401-437-1100 authors this auto accident post concerning motor vehicle crash statistics in RI. Rhode Island personal injury lawyer.
David Slepkows insight:
Drunk driving & impaired driving accidents in RI

According to the report, 38 % of  deaths in the Ocean State resulted from drunk driving / alcohol in 2012. This is somewhat embarrassing for lawmakers and public policy officials since the national average for such impaired driving fatalities is 31 percent. The report tries to find the silver lining in this troubling statistics, pointing out that “Rhode Island’s percentage of alcohol-related fatalities dropped nearly four percentage points from 2010 to 2011.”


For innocent pedestrians, bicyclists, motorcyclists and motorists utilizing RI roadways and streets this is hardly comforting, to say the least. Rhode Island’s solution to this perplexing issue is to create an impaired driving task force to examine the issues. Some would say that the report should have demanded new more stringent impaired driving and drunk driving legislation to resolve the public safety issue.


One of the reasons that the report indicates for the higher percentages of people killed by inebriated, wasted, buzzed, high and drunk drivers is that “Sobriety checkpoints are banned by judicial ruling in Rhode Island.”


The report also addresses various RI laws that pertain to drunk driving and drunk driving accidents in Rhode Island and Providence Plantations. “In July 2003, Rhode Island enacted a law making it a crime for anyone to operate a motor vehicle with a BAC of 0.08 or above. For young drivers, a BAC level of 0.02 results in license suspension until the age of 21. ”


If someone is injured in a drunk driving car crash in Providence or in RI, he or she should immediately contact a Rhode Island personal injury lawyer. A personal injury attorney in RI or a RI car accident lawyer will help you get the compensation that you deserve

Motorcycle accidents in Rhode Island and Providence Plantations

Another embarrassment for RI is that “In 2013, motorcycle fatalities increased 38 percent from 2012, and unhelmeted fatalities rose 20 percent.” If someone is injured or killed in a motorcycle crash in Rhode Island then a RI motorcycle accident lawyer should be contacted immediately. A Rhode Island motorcycle accident lawyer who is also a Rhode Island personal injury attorney will help the motorcyclist get the compensation that they are entitled to.

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W.L. Gore Hernia Mesh Lawsuits (Gore-Tex, Bio -A, Dual)

W.L. Gore Hernia Mesh Lawsuits (Gore-Tex, Bio -A, Dual) | Rhode Island Personal Injury Attorney | Scoop.it
Apparently, the manufacturer of Gore Tex believes that it is a versatile product because it also uses the material to make an implantable hernia mesh. W.L. Gore & Associates has been selling products made out of the material since 1969. The product is made out of a material called  polytetrafluoroethylene. We know this product by […]
David Slepkows insight:

Apparently, the manufacturer of Gore Tex believes that it is a versatile product because it also uses the material to make an implantable hernia mesh. W.L. Gore & Associates has been selling products made out of the material since 1969. The product is made out of a material called  polytetrafluoroethylene. We know this product by its more well-known name of teflon.

Many people who have either served in the military or spend time outdoors have heard of the brand Gore-Tex. The company is famous for its waterproof and windproof clothing. The company even makes boots out of the material.

W.L. GORE’S LINE OF HERNIA MESH PRODUCTS

While it is seemingly inconceivable that a product that is used to make boots can be implanted inside the body. W.L. Gore has built an entire medical products division out of products made out of Gore-Tex. Not only does it sell hernia mesh, but it also makes various surgical patches. W.L. Gore sells products such as:

  • Dualmesh
  • Dual Mesh Plus
  • Gore-Tex
  • Bio A

W.L. Gore hernia mesh products are dual surface products. The company claims to design the hernia mesh with two different surfaces. One side is to encourage tissue integration, while the surface of the other side is to minimize tissue attachment. In other words, the hernia mesh aims to repair the hernia without getting completely tangled up in the surrounding tissue.

GORE TEX HERNIA MESH

However, the design also may increase the likelihood that the mesh migrates out of place. The dual surface design could potentially cause the mesh to shift out of position and impact surrounding organs or the bowel. Many of the injuries reported to the FDA have been consistent with mesh migration.

W.L. Gore is not one of the three largest makers of hernia mesh. The company does not release its sales figures because it is a privately-held company. However, its sales are lower than Ethicon, Atrium C-Cor and C.R. Bard. W.L. Gore also entered the ill-fated pelvic organ prolapse mesh market, but its product, along with those from all other device makers, was pulled from the market after women suffered serious side effects. W.L. Gore has faced numerous lawsuits relating to its pelvic organ prolapse mesh.

THERE WAS NO FDA TESTING OF W.L. GORE HERNIA MESH

In 2017, W.L. Gore received FDA approval to sell a Biomaterial hernia repair device. While the name makes these products sound safer, the reality is that many of the reports of adverse events filed with the FDA have involved the Biomaterial hernia repair device.

BIO-A HERNIA MESH LAWSUIT

W.L. Gore’s hernia mesh was approved by the FDA without any testing whatsoever. The FDA allowed W.L. Gore to start selling hernia mesh through a process called the 510(k) process. When a product is substantially similar to another product that is already on the market and has been approved, the FDA allows a device maker to sell after they have notified the FDA. This is how many different hernia mesh products have been permitted to hit the market.

W.L. GORE HERNIA MESH ADVERSE EVENT REPORTS TO THE FDA

Patients are encouraged to report to the FDA when they have experienced an adverse event with a medical device. Their reports are found in the FDA’s MAUDE database and are publicly available. A recent search of the MAUDE database shows that adverse event reports are still coming in at a steady pace.

DUAL MESH

Many of the adverse event reports in MAUDE detail situations in which the Dual Pro mesh was explanted. This means that the patient needed surgery to remove the mesh because it was causing serious side effects. A review of the adverse event reports reveals that many of these patients were suffering life threatening complications that required one or more surgeries to address.

SIDE EFFECTS OF GORE-TEX HERNIA MESH

Some patients reported that the hernia mesh was causing bowel obstruction. This is when hernia mesh can turn fatal. Many patients reported that the Gore mesh was causing serious infections, while some patients suffered from a fistula. In all of these events, the patient was in significant discomfort and pain before the surgery with dramatic side effects. Specifically, these are the type of complications associated with Gore-Tex hernia mesh:

When a patient has these kinds of side effects, they often cannot receive a new hernia mesh. However, they are still left with a hernia that needs repair. Some patients are never able to get the hernia fixed. Not only do they have continued medical issues from the damage caused by the mesh, but they also have a hernia which may never be repaired. These patients will experience a lifetime of discomfort.

THE FDA HAS DONE NOTHING ABOUT THE REPORTS OF SIDE EFFECTS

However, even with the increasing number of adverse event reports, the FDA has not gotten involved and ordered the recall of any Gore products. The company still continues to sell its hernia mesh even though more patients are reporting serious injuries. The side effects from Gore hernia mesh are quite severe compared to the discomfort that many people suffer.

Some damages that people suffer when they sustain long-term injury from hernia meshes such as Gore include:

  • Lost wages because the pain keeps them from working
  • Medical bills and therapy costs from frequent visits to the doctor
  • Pain and suffering
  • Loss of enjoyment of loss
  • Loss of consortium by their spouse

YOU CAN FILE A HERNIA MESH LAWSUIT FOR GORE-TEX HERNIA MESH

Hernia mesh makers such as W.L. Gore may be sued for manufacturing a defective product that causes injury to patients. You would need to file a product liability lawsuit against the company to allege that the product was defectively designed or manufactured or that the company knew of the dangers of the product and failed to warn you.

A hernia mesh lawyer could help you file your case. Hernia mesh makers have vigorously fought these cases in court and have not yet settled these claims. However, some of the first hernia mesh cases are set to go to trial in 2020, and it will give plaintiffs a picture as to the company’s liability.

If you have been harmed by Gore-Tex hernia mesh, you can schedule a free consultation to learn of your legal rights and your ability to file a lawsuit.

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Will workers with COVID-19 be eligible for workers compensation benefits?

Will workers with COVID-19 be eligible for workers compensation benefits? | Rhode Island Personal Injury Attorney | Scoop.it
Employees who contracted COVID-19 during employment may be entitled to workers compensation benefits. survivors / family members may get Death benefits.
David Slepkows insight:

Are Rhode Island workers infected with Coronavirus eligible for workers compensation benefits? Will families who suffered the loss of a loved one, who died as a result of COVID-19, obtain survivor, workers comp. death benefits? Does workers’ compensation benefits in Rhode Island and Providence Plantations cover Coronavirus (COVID-19)?

CONTACT a lawyer on his cell phone, Coronavirus Workers Compensation 24/7 at (401) 648-3580

This post was authored by RI personal injury lawyer, David Slepkow.

  • Are employees with COVID-19 eligible for Workers Compensation?
  • Are nurses and healthcare workers with Coronavirus eligible to receive workers compensation benefits?
  • If a victim, who worked during the pandemic, dies from Covid 19, can the surviving family members obtain workers comp. survivor death benefits?

Will workers with COVID 19 be eligible for workers compensation benefits in Rhode Island?

  • Employees who contracted covid 19 during their employment may be entitled to workers compensation benefits in Rhode Island.
  • Workers must establish that the virus most likely occurred at work.
  • Healthcare workers and nurses with Beacon mutual workers compensation insurance will be provided worker’s compensation coverage.
  • The State of Rhode Island’s largest worker’s compensation company, Beacon Mutual, has announced that they will expedite claims for nurses and healthcare workers.
  • Beacon mutual will presume that nurses and healthcare workers’ infection was contracted at work.

Can a worker establish in Court that Coronavirus was contracted in the course of their work?

  • RI Law:  Coronavirus must ‘arise out of and in the course of employment.’
  • Eligibility for comp. benefits under the Rhode Island workers compensation law is premised on the injured worker establishing that a diagnosed illness arose out of their employment.
  • The worker must establish that a diagnosed illness was not as a result of exposure from other non-work related sources.
  • Pursuant to RI workers compensation law, an employee’s injury must arise out of and be and in the “course of his or her employment, connected and referable to the employment.”

Will RI Judge’s consider Coronavirus a compensable “occupational disease” that is connected with or arising out of a peculiar characteristics of an employment?

  • The indemnity companies will claim that Rhode Island workers compensations laws do not provide benefits in a pandemic.
  • Workers comp. insurance companies will argue that COVID 19 is not a disease that arises out of a particular type of employment.
  • The worker’s comp judges will decide whether COVID-19 will be covered by the insurance companies.
  • Ultimately, The Rhode Island Supreme Court may determine whether Coronavirus is the type of “occupational disease” covered by RI law.

 

Workers who are comp. claimants must retain a Rhode Island workers compensation attorney to establish that the novel corona virus was contracted at work and resulted from work.

What type of benefits are available in workers compensation court for Covid 19 victims?

  • medical expenses, surgery costs, outpatient treatment
  • replacement of lost wages
  • disability benefits for workers who cannot work as a result of the disease or injury
  • death benefits to the families who lost family members

Conjecture that COVID-19 occurred at work is not sufficient

If a frontline worker in Rhode Island contracts Coronavirus, it is likely that the infection took place at work. However, guesswork will not prevail in workers’ comp. Court in Providence. The Rhode Island workers compensation lawyer must prove by a preponderance of the evidence that the Coronavirus infection occurred at work. “As a general rule, an employee’s injury is compensable if the particular facts and circumstances presented establish a “nexus” or a “causal relationship” between the injury and the employment.”  Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983)

A matter of proof

An employee may have a tough time establishing that he or she was infected while working. The insurance defense lawyers may claim that COVID-19 did not arise from work. The workers comp. defense attorneys may argue that the employee was infected with the virus while he or she was at home, shopping at CVS or at Market Basket Supermarket. A worker who contracts COVID-19 , should retain the best workers compensation lawyer in Rhode Island. The Providence workers’ comp attorney will fight to get justice and hold the insurance company liable.

What is the standard of proof to establish that Coronavirus infection took place at work?

The RI comp. attorney must prove by a fair preponderance of the evidence that the Coronavirus was contracted at work. The Rhode Island workers compensation lawyer must prove that it was more probably than not that the COVID 19 was contracted in the course of the workers employment. The RI workers compensation attorney may need to hire a virologist, epidemiologist, infectious disease expert, or occupational disease specialist.

Will Rhode Island insurance corporations deny COVID-19 claims for workers who risked their life during the Coronavirus pandemic of 2020?

We do not know what position that workers compensation insurance companies will take as to whether they be held accountable to COVID occupational disease claims. The Rhode Island legislature may resolve the issue with legislation. The legislature may codify a presumption, in all cases, that all Rhode Island workers infected with Coronavirus arose during the course of the worker’s employment.

Will nurses and medical professionals with COVID- 19 qualify for workers compensation benefits?

One of the largest workers comp. insurers, Beacon Mutual Insurance Company, recently declared that they will presume that all healthcare workers and nurses who worked during the 2020 pandemic, who contracted Coronavirus, were infected in the scope of their employment. 60 percent of the employees with comp. insurance in Rhode Island are covered by Beacon. Beacon’s move was a generous and uplifting gesture of social responsibility in the face of an international crises causing thousands of deaths. Nonetheless, Beacon Mutual’s edict does not go far enough. Beacon’s policy does not address the plight of non-healthcare workers such as grocery store workers, Walmart employees, Shaws workers,  nursing home staff, hotel workers, delivery drivers, construction workers and others who were exposed to Coronavirus virus at work.

Beacon mutual, stated:

“In order to be eligible for workers’ compensation benefits under the Rhode Island Workers’ Compensation Act, claimants need to prove that their diagnosed illness arose out of and in the course of their employment, and not through other potential sources of exposure.  In an attempt to expedite any workers’ compensation claims by those providing treatment and care for COVID-19 patients, Beacon intends to recognize the heightened risk of COVID-19 exposure to policyholder health care workers and to presume that those health care workers diagnosed with COVID-19 have an occupational disease, thereby making them eligible for workers’ compensation benefits.  Specifically, throughout the declared state of emergency in Rhode Island, Beacon will address any such claims as follows:…”

Gina Raimondo issued a press release stating:

“Workers Compensation: Beacon Mutual Insurance Company, which insures 12,000 Rhode Island businesses, will be allowing frontline healthcare workers to file for workers compensation under the presumption that they contracted the virus in the course of doing their jobs – and will expedite those claims….” Press release 

Can an insurance company deny me workers comp. coverage because COViD-19 is not an injury?

Pursuant to Rhode Island law, both an injury and an “occupational disease” isinsured by workers compensation benefits. COVID-19 disease does not fall in the four corners of any Rhode Island workers compensation laws. However, COVID -19 pandemic is an unprecedented situation. Rhode Island law will identify Coronavirus as an “occupational disease” not an injury. An occupational disease which arises out of work may be treated the same way as an injury in Rhode Island Workers Compensation Court.

Legislative intent

“The Legislature enacted G.L. 1956 (1979 Reenactment) Chapter 34 of title 28 in order to protect the worker who was exposed to conditions that resulted in disability because of an occupational disease. Evidently the Legislature recognized that an occupational disease is set apart from accidental injuries in that it is not unexpected — because it is incident to a particular employment — and it is gradual in development.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983)  See Morgan v. Stillman White Foundry Co., 87 R.I. 408, 414, 142 A.2d 536, 538-39 (1958)Perez v. Columbia Granite Co., 74 R.I. 503, 507, 62 A.2d 658, 660 (1948)see also 1B Larson, The Law of Workmen’s Compensation § 41.31, at 7-357 to -358 (1982).

What is an occupational disease?

“Section 28-34-1(c) defines the term “occupational disease” as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process or employment.” Disability arising from silicosis or asbestosis is listed in § 28-34-2(32), as amended by P.L. 1982, ch. 32, art. 1, § 8, as a compensable occupational disease and is therefore treated as a personal injury. Moreover, § 28-34-3, as amended by P.L. 1982, ch. 32, art. 1, § 8, and § 28-34-4, as amended by P.L. 1979, ch. 151, § 1, provide that a disabled employee is entitled to compensation if the occupational disease is due to the nature of the employment and was contracted within that employment. Furthermore, when a worker has contracted an occupational disease from being exposed to a harmful substance over a period of years and in the course of successive employment, § 28-34-8 specifies that the employer who last exposed the worker to the harmful substance is liable to pay the entire compensation.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983) See also Esmond Mills, Inc. v. American Woolen Co., 76 R.I. 214, 219, 68 A.2d 920, 923 (1949).

Is Covid 19 the type of “occupational disease” that victims can receive compensation benefits?

Rhode Island General law § 28-34-1 defines an occupational disease as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment.” Pursuant to Rhode Island Law 28-34-3 occupational diseases that are set forth in Rhode Island General Law § 28-34-2 are treated the same way as other injuries in Workers Compensation Court.

Rhode Island general law § 28-34-2  list many occupational diseases or conditions that are compensable. RI law § 28-34-2  lists 36 diseases and conditions but does not list a respiratory disease as a compensable  disease or condition. Here are some of the myriad list covered conditions:

  • Lead poisoning
  • Poisoning by carbon monoxide
  • Respiratory, gastrointestinal, or physiological nerve and eye disorders due to contact with petroleum products and their fumes.
  • Dermatitis (venenata)
  • Hernia, clearly recent in origin and resulting from a strain arising out of and in the course of employment and promptly reported to the employer

The RI Statute does not particularly list respiratory infection such as Covid 19 as an occupational disease

The problem is that Rhode Island General law § 28-34-2  and § 28-34-3 does not list a respiratory virus such as Covid 19 as a compensable injury in worker’s comp[ensation Court. RI law 28-34-3 lists a compensable injury as a “Disability arising from any cause connected with or arising from the peculiar characteristics of the employment.”

“Rhode Island Law has yet to address acute instances of contraction of infectious diseases in the workplace”

“Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries in that it is not expected because it is incident to a particular employment, and it is gradual in development.” JD Supra “Rhode Island has yet to address acute instances of contraction of infectious diseases in the workplace. The state is notable for having limited case law, not just in the realm of workers’ compensation, but we anticipate this issue may be litigated in the coming years, given the widespread nature, and great impact of COVID-19.”JD Supra

Will Judges allow compensation for health care workers and first responders but deny non-healthcare workers compensation?

It is tough to argue that nurses and healthcare workers are not peculiarly subject to  contraction of the Covid virus that arises out of the characteristics of their employment responsibilities.  However, it will be much more complicated, absent legislative action, for non-healthcare workers to establish that that Covid arose out of a peculiar characteristic of their employment.

“It is arguable that for employees such as cashiers, waitstaff, or other individuals who work closely with the general public, that contraction of COVID-19 is a condition that is characteristic or peculiar to the particular trade, occupation or employment. We anticipate claimants’ attorneys will argue that the conditions of such particular employment, makes workers suspectable to communicable diseases. This is the argument we anticipate will be made to ensure contraction and perhaps even simple exposure of COVID-19 is determined a compensable injury.” JD Supra

The insurance company may try to deny claims asserting that Covid 19 is not due to causes peculiar to certain types of employment

The workers compensation insurance defense lawyers may argue in certain types of employment that Covid 19 does not arise from a peculiar characteristic of the employment as described in §28-34-3. In other words, infection with Covid 19 does not arise out of a peculiar characteristic of being a construction worker, cvs pharmacist or pizza delivery driver. Furthermore, RI workers comp defense lawyers are likely to argue that Covid 19 is not an occupational disease as described in § 28-34-1 because it it is not a characteristic and peculiar to a trade, occupation or process of employment.

It will be more difficult for the insurance defense lawyers to assert that contraction of  a disease such as Covid 19 would not arise out of the characteristics of working as a doctor, nurse, medical provider or nursing home staff. This reality may have been Beacon’s rationale for accepting accountability for workers’ comp. claims of nurses and medical providers who contacted Covid 19.

A unique and unprecedented challenge

Covid 19 infection presents an unprecedented challenge to the workers compensation statutory scheme in Rhode Island and Providence Plantations. RI workers’ comp laws, clearly, did not and could not have anticipated a pandemic to this extent affecting the workforce in Rhode Island. The four corners of the workers compensation statute, case law and regulations do not directly refer to infections of workers caused during a pandemic of this magnitude.

Will lawmakers revise and update the RI workers compensation statute to provide coverage to employees?

There is a real possibility that the Rhode Island legislature amends the Rhode Island worker’s compensation to specifically include the Novel Coronavirus as a specific occupational disease that may arises out of employment and for which workers will be potentially entitled to benefits. The second issue would be whether the legislature creates a presumption for certain types of workers that Covid 19 infection ws contracted by employees during the course of their employment.

Will legislation be enacted in Rhode Island creating a presumption that a worker who tested positive for Coronavirus was infected at work?

There is a possibility of the Rhode Island Legislature enacting specific legislation to definitively create a legal presumption that all worker infections occurred at work. If the Rhode Island legislature creates a presumption, they must specifically state that it applies retroactively to Covid 19 victims. “As a general rule a statute is presumed to operate prospectively and not retrospectively, unless it appears by clear, strong language or by necessary implication that the Legislature intended to give the statute retroactive force and effect State v. Healy, 410 A. 2d 432 – RI: Supreme Court 1980,Langdeau v. Narragansett Insurance Co., 96 R.I. 276, 279, 191 A.2d 28, 30 (1963)Capobianco v. United Wire & Supply Co., 78 R.I. 309, 312, 82 A.2d 170, 172 (1951).

Fault or the failure of employers to follow safety protocol is not required

Even though an employer has good intentions, an employee could still be infected with Covid 19 at work. Despite an employer following the law and instituting proper safety protocols to protect their employees, members of their workforce can still be infected with the Novel Coronavirus. Fault and negligence of the employer is not an element of a workers’ compensation claim in Rhode Island and Providence Plantations. In other words, if an employee is injured or is infected with a virus at work, the employer is required to pay workers comp. benefits even if the employer did nothing wrong.

Workers compensation law in Rhode Island is relatively simple. If you are injured in the course of your employment, you are usually eligible for benefits. An employee is not required to show that his or her employer was negligent. An injured worker is not required to prove that negligence caused their injury.

Frontline workers- the heroes of this war

The heroes of the Covid 19 pandemic crises are now the frontline workers in Rhode Island. Frontline workers are providing essential services and goods to the public during these difficult times. The State of Rhode Island and the United States are effectively at war with an unconventional enemy, Covid 19. The frontline to this war is not soldiers. The frontline is the grocery store worker who check you out at Shaws / Stop and shop, delivery drivers and clerks at CVS providing your necessary and life-saving medications.

Essential frontline workers include: nurses, health care workers, first responders, EMT workers, medical providers, deliver drivers, physicians, store clerks, cashiers at the supermarket and other heroic workers in Rhode Island. Many employers are not providing their employees proper masks and personal protective equipment (ppe) Employees in Rhode Island face a substantial risk of exposure to the Novel Coronavirus.

Nurses and the workforce selflessly endangering their health and safety

Governor Gina Raimondo, local municipalities and the RI Department of Health have issued many safety protocols for Rhode Island employers. Thankfully, the vast majority of employers are instituting proper precautions for their employees and workers.  However, many employers are not following CDC and State of Rhode Island Department of Health Covid 19 rules and recommendations. The employees, nurses and workforce are selflessly endangering their own health and safety by doing their jobs. These workers are risking their lives to allow Rhode Island residents to get essential services such as food, medication, toiletries, health products and necessary legal services.

Can a spouse, child or family member file a wrongful death lawsuit against an employer as a result of a Covid 19  infection at work causing a fatality?

  • An employee subject to workers compensation law in RI cannot file a wrongful death lawsuit against their employer.
  • An employee cannot file a wrongful death lawsuit against one of his co-workers who caused him to be infected.

“In all cases where an employer and employee have elected to become subject to the provisions of chapters 29 – 38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.” § 28-29-21. Wrongful death law inapplicable.

Workers with Coronavirus cannot sue their employer seeking pain and suffering

An employee covered under workers compensation insurance cannot file a lawsuit seeking pain and suffering and other damages against their employer in Superior Court. “The right to compensation for an injury under chapters 29 – 38 of this title, and the remedy for an injury granted by those chapters, shall be in lieu of all rights and remedies as to that injury now existing, either at common law or otherwise against an employer, or its directors, officers, agents, or employees; and those rights and remedies shall not accrue to employees entitled to compensation under those chapters while they are in effect, except as otherwise provided in §§ 28-36-10 and 28-36-15.” 28-29-20. Rights in lieu of other rights and remedies.

What types of death benefits are available in workers compensation court to compensate surviving family members, spouse and dependent children?

Sadly, many nurses (RN and LPN), doctors, medical providers, anesthesiologist and nursing home employees died as a result of exposure to patients who had Cornavirus.  Rhode Island General Law§ 28-33-12 sets forth the compensation available to family members from the employer, if a worker dies as a result of Coronavirus which occurred at work.

“(a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee.

(2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child. § 28-33-12″ Death benefits payable to dependents, Rhode Island General Law§ 28-33-12

Can the employer blame the victim for contracting Covid 19 and refuse benefits as a result?

If an occupational illness occurred at the workplace, pursuant to RI law 28-29-3, the employer cannot deny comp benefits alleging that the employee did not take proper precautions In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to the employment, or for death resulting from personal injury so sustained, it shall not be a defense:

(1) That the employee was negligent;

(2) That the injury was caused by the negligence of a fellow employee;

(3) That the employee has assumed the risk of the injury. 28-29-3. Defenses abrogated as to injuries in course of employment.

Can a Coronavirus victim’s family, spouse or children file a wrongful death lawsuit against a third party for a work related death?

  • The victims’ survivors, spouse and family member can file a wrongful death lawsuit against third parties who are not their actual employees
  • In order to win a wrongful death lawsuit in Rhode Island for a work related Covid 19 infection against a third party entity, the victims’ family must prove that the third party was negligent.
  • The executor of the estate must retain a Rhode Island wrongful death lawyer.

House Labor Committee Chairwoman Anastasia Williams will introduce legislation in Rhode Island

“House Labor Committee Chairwoman Anastasia Williams will introduce legislation in Rhode Island which would create a presumption for all frontline workers that their Covid 19 infections are presumed to be work related. A veteran state lawmaker is calling on Gov. Gina Raimondo to issue an executive order requiring that all front-line workers directly affected by coronavirus will have the illness presumed to be a work-related injury…House Labor Committee Chairwoman Anastasia Williams formally made the request on Monday in an email to the governor’s office, including a draft copy of the executive order. She told WPRI 12 she will introduce legislation with the same provisions if the governor does not take action herself….Under Williams’ proposal, the front-line workers category should include public safety personnel, government workers, janitors, public transit employees, grocery staff, retail clerks, truck and freight drivers, among others. Any of those workers who contract, have symptoms of or otherwise become affected with coronavirus shall have their medical condition or incapacity to work presumed to be work-related,” the draft order says. WPRI

“These selfless workers deserve to know that if the worst should happen and they become infected with COVID-19, that we recognize their sacrifice for our greater good, and their infection and recuperation should be deemed work-related,” Williams, D-Providence, said in a statement…In addition, Williams argues that public safety employees who are “incapacitated or unable to perform their duties as a result of the COVID-19 infection or exposure” shall have the time they spend hospitalized or quarantined classified as on-duty time, rather than being required to use paid time off such as sick days or vacation.” WPRI

“State Rep. Evan Shanley, D-Warwick, said he supports Williams’ proposal…Immediate action is required to support these courageous workers by affording them the basic protections afforded to injured workers under the Rhode Island Workers Compensation Act,” Shanley said in a statement. “The least we can do is tell these workers that their medical bills and families will be taken care of in the event they contract COVID-19.” Id.

Rhode Island workers compensation lawyer

You need to retain a top Rhode Island workers compensation lawyer or RI workers comp. law firm to represent you in your workers’ comp claim. In the event of a death arising out of employment, contact a top Rhode Island wrongful death lawyer.

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Hit and Run Accidents in Rhode Island: Why Drivers Flee

Hit and Run Accidents in Rhode Island: Why Drivers Flee | Rhode Island Personal Injury Attorney | Scoop.it
Rhode Island hit and run car accident personal injury attorney. RI uninsured motorist accident claim lawyers, David Slepkow 401-437-1100.
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Rehabilitative Alimony law: Who qualifies? Factors Courts consider

Rehabilitative Alimony law: Who qualifies? Factors Courts consider | Rhode Island Personal Injury Attorney | Scoop.it
"Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.
David Slepkows insight:

RI divorce lawyer David Slepkow answers the following FAQS concerning RI Spousal Support: Who Qualifies for Alimony? What Factors must a Family Court Judge Look at to whether a litigant qualifies?

Rhode Island alimony law

Alimony is payments that one spouse may be ordered to pay another spouse for support as a result of a divorce.  Some spouses qualify for alimony. Spousal Support is also known as Alimony or Spousal Maintenance.

R.I.G.L 15-5-16 sets forth the factors that a Providence Family Court Judge should use in determining whether a Husband or Wife Qualifies for Spousal Support.

Rehabilitative alimony in RI

The RI Supreme Court Stated “Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.” Berard v. Berard 

The Rhode Island Alimony statute is set forth below. “alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exercise of reasonable efforts, in a position of self-support.'” Thompson v. Thompson

The intent of alimony is rehabilitative in nature. “alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exercise of reasonable efforts, in a position of self-support.'” Id.

RI not well regarded for generous awards

Rhode Island is not well regarded as a state that is generous in awarding alimony. RI’s neighbor, Massachusetts is known as a state that is very generous in its alimony determinations despite recent laws in Mass. limiting permanent alimony. The primary reason for this is the “rehabilitative” nature of alimony in RI. RI is not an income equalization state!

Generally, Alimony is awarded for a period of time, in increments which are usually weekly or monthly. Alimony could be awarded as a result of a Divorce settlement. If a party requests alimony or is unwilling to waive alimony and the parties cannot agree to an alimony award, then alimony may be awarded at the divorce trial.

Temporary alimony in Providence Family Court

Temporary Alimony may be awarded by the Family Court towards the beginning of the divorce case. This temporary Alimony award will stay in effect until the final decision by the judge at the Trial. (unless it is modified based on a substantial change in circumstances) Alimony is usually awarded on a temporary basis but can be awarded on an indefinite and (perhaps what turns out to be permanent) basis if the facts justify indefinite alimony. The Rhode Island Supreme Court ruled that “Alimony may be awarded even for an indefinite period as long as the trial justice considers all the statutory factors.”

Permanent alimony allowed in Rhode Island?

Indefinite alimony may be ordered in a case where a party is seriously disabled or as a result of old age is unable to work. Indefinite alimony could also be awarded in a plethora of different factual circumstances.

The Court must look at “The health, age, station, occupation, amount and source of income, vocational skills and employ-ability of the party’s in making a spousal support award.”  Ability to pay is a crucial factor in determining the amount of alimony and whether alimony should be awarded. There are many cases in which a spouse is in desperate need of alimony, but the other spouse does not have the ability to pay alimony. In some cases, the spouse does not have an ability to pay because of a child support obligation to the other spouse or child support owed for other children.

Furthermore, according to The Rhode Island Supreme Court, “Section 15-5-16 does not explicitly prohibit one lump-sum award.” However, lump sum award alimony appears to be disfavored.

Who are the best candidates for an alimony award?

The best candidate for alimony is a spouse who put aside his or her career ambitions for many years to be a homemaker and care for the children. As a result of the role of nurturing the children and establishing and maintaining a home, the other spouse was able to advance his or her career in order to be able to afford to pay alimony.

In some cases, the family decided that one parent would put aside his or her career aspirations to raise a child or minor children. As a result, the homemaker’s skill set is so outmoded that he or she is unable to obtain suitable employment. This is usually because the homemaker’s job skills, employment history, licenses, training, skills, experience or degrees became outmoded or irrelevant. Perhaps the person does not have enough of an employment history to be able to be self-supporting and self-sufficient without receiving alimony. In some cases, the spouse is unable to work because the spouse currently has a physical custody and placement of a young child.

For this type of person, the intent of an award of Rehabilitative Alimony would be to allow a person to build a work history, advance his or her education, employment training, licenses etc. so that the person can be self-supporting and self-sufficient in the future.

The disabled

Another type of person who is an excellent candidate for alimony is a person who is temporarily disabled or permanently disabled especially if the marriage has been a long marriage. Another good candidate for alimony is a spouse who has severely disabled children which renders it difficult or impossible for the person to seek employment.

“The assignment of property must precede any determination of alimony because the needs of each party will be affected by the equitable distribution of the marital estate. Section 15-5-16.1(c). In determining the amount of alimony, the court must consider: “(i) [t]he length of the marriage; (ii) [t]he conduct of the parties during the marriage; (iii) [t]he health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and (iv) [t]he state and the liabilities and needs of each of the parties.” Section15-5-16(b)(1).6

Child support and alimony

Rhode Island Child Custody and Placement plays a role in an alimony determination. If the parties have children, the Court must also make an award of Rhode Island Child Support before the Court determines an alimony award.  The Child Support award plays a large role in determining the resources of the parent with physical custody of the minor child. A child support order may severely affect an individuals ability to afford alimony in the future.

The needs and expenses of both parties is crucial in determining alimony

Needs and expenses are intertwined with the standard of living of the parties. The Court may look at the following types of expenses and needs: rent, mortgage, taxes, insurance, food, health insurance, uninsured medical expenses, prescription expenses, dental expenses, cable, internet, utilities, heat, gas, vehicle expenses etc.

Conduct such as affairs not really relevant

Although conduct is a factor in alimony determinations per the RI Alimony Statute, it is not a significant factor since alimony is primarily based on need. Conduct such as an affair, drug or alcohol addiction, gambling problem, domestic violence plays more of a role in equitable division of assets then in an Alimony determination.

Federal income tax implications

An award of alimony no longer has Federal Income Tax consequences. Alimony is not taxable to the spouse who receives the alimony and is not deductible by the spouse who pays alimony. Payment of alimony is NOT a taxable event  Payment of child support is, also, a non-taxable event. The parent who pays child support is not entitled to a deduction for payment and the receiving spouse does not include the payment as income. Therefore, it is tax free money to the parent who receives the child support. 26 U.S.C.A. 71.

The designation of payments as alimony rather than property distribution has consequences in Bankruptcy Proceedings. An alimony award is generally not dischargeable in Bankruptcy. The interrelation between family law, alimony and bankruptcy is also beyond the scope of this article. Please consult with a RI Bankruptcy Lawyer / Attorney.

Modify alimony?

Another important issue, perhaps crucial issue, is whether or not the parties entered into a property settlement agreement in the divorce.  In order for the alimony to be completely non-modifiable, the alimony must be agreed to in a Property settlement agreement. A Property settlement agreement is otherwise known as a Marital Settlement Agreement. (MSA) The Court has no power to modify a property settlement agreement. A Court can only enforce or interpret a property settlement agreement. In the event of impossibility of payment, the Court could award equitable relief, equitably reforming the contract between the parties.  Please contact a Rhode Island divorce attorney concerning whether or not it is advisable to draft a Property Settlement agreement in your case.

Proper drafting of a Property Settlement Agreement and Alimony provisions in a Property Settlement Agreement is beyond the scope of this article.

The length of the marriage is a very important factor that the RI Family Court Judge looks at in determining Alimony. The Court also needs to hear testimony concerning the party requesting alimony plan to become self-supporting and self-sufficient.

The Court can also look at the relative ability of both spouses to earn income and or acquire assets and property in the future

If a person is ordered to pay alimony and does not pay alimony, the other person can file a contempt motion. If a person is found in willful contempt of a Court order, he could be jailed until they purge themselves of the contempt. Rhode Island Family Court judges take failure to comply with their alimony orders very seriously. If the Alimony award is modifiable, either party could file a motion to modify the alimony based on a substantial change in circumstances.

  • 15-5-16 Alimony and counsel fees – Custody of children.

(a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other.

(b) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider:

(i) The length of the marriage;

(ii) The conduct of the parties during the marriage;

(iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

(iv) The state and the liabilities and needs of each of the parties.

(2) In addition, the court shall consider:

(i) The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

(ii) The extent to which either party is unable to support herself or himself adequately with consideration given to:

(A) The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;

(B) The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;

(C) The probability, given a party’s age and skills, of completing education or training and becoming self-supporting;

(D) The standard of living during the marriage;

(E) The opportunity of either party for future acquisition of capital assets and income;

(F) The ability to pay of the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, debts, and standard of living;

(G) Any other factor which the court expressly finds to be just and proper.

(c) For the purposes of this section, “alimony” is construed as payments for the support or maintenance of either the husband or the wife.

(2) Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount and payment of the alimony, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court’s discretion to the date that the court finds that a substantial change in circumstances has occurred; provided, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. Nothing provided in this section shall affect the power of the court as subsequently provided by law to alter, amend, or annul any order of alimony previously entered. Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall automatically terminate at once.”

Can a woman be ordered to pay alimony in Rhode Island?

Yes. Absolutely. The same Rhode Island Alimony Laws apply to a woman’s potential obligation to pay alimony that apply for a man. However, under the old common Law it was only a husband who had a legal obligation to support his wife. Those were very different times because woman were not allowed to own any property. Also, there was no absolute divorce in those days.

The Rhode Island Supreme Court licenses all Lawyers / Attorneys in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice

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Rhode Island Child Custody Lawyer Articles | Slepkow Law (est. 1932)

Rhode Island Child Custody Lawyer Articles | Slepkow Law (est. 1932) | Rhode Island Personal Injury Attorney | Scoop.it
Child Custody resources and articles authored by Attorney David Slepkow providing insights and information on all family law matters in RI
David Slepkows insight:
Rhode Island Child Custody Lawyer Articles | Slepkow Law

RI Child custody lawyer

RI Child Custody attorney  and RI divorce lawyer David Slepkow recently published the articles below to explain potential pitfalls and common problems associated with child custody law, visitation, paternity issues and divorce. The information provided in the articles can assist divorcing couples, unmarried parents or divorced parents in understanding the available legal options to resolve common child custody and post-divorce issues successfully.

Deferring the Sale of the Marital Home to Serve the Best Interest of the Child in divorce/ child custody cases

When couples divorce in Rhode Island, one parent might request to defer the sale of the house for numerous reasons that serve the child. This article explains how the court system makes the final decision on deferring the sale of the home, which is often based on whether it is economically feasible or not. The article explains what happens if the court allows the sale of the home to be deferred including how equity will ultimately be shared when the house is sold and what happens if the parties involved cannot agree on the home’s fair market value.

Which Parent may Claim a Minor Child As a Dependent Exemption For Tax Purposes?

This divorce, custody, child support in RI and federal tax law article was authored by a RI Child Custody attorney, David Slepkow. In the event there is no indication in a Final Judgment  of divorce or Decision Pending Final Judgment or Property Settlement agreement as to who is entitled to claim the children as Dependency Exemptions then automatically the parent with Physical Custody of the children is entitled to claim the child or children for Federal Tax purposes.

Paying for the Child’s Education at a Private School or College

This article provides valuable information if one parent of the child wants the other parent to pay for the child’s education at a private school. The reader will learn how this issue is usually resolved and how most Family Court judges rule in ordering the child’s father or mother to pay for their college education.

The Role of a Guardian ad Litem for a Minor Child in a RI Family Court

In Rhode Island, the role of Guardian ad Litem is to serve as a representative of the best interest of a child in visitation, custody and placement cases. The article describes how the Guardian does not serve as an attorney for the minor child but serves in their best interest. Article readers are informed as to who makes the final decision on legal custody or physical placement of the child. In addition, the article states how the Guardian provides recommendations and serves as a witness to challenge opinions or support opinions that directly affect the child’s future.

8 Ineffective Legal Arguments Heard Millions of Times before by RI Family Court Judges

This article details the final outcomes of ineffective court arguments that simply do not work. Many arguments are used by a divorced parent against the other parent in an effort to control visitation, custody and management of the child’s day-to-day activities. Readers come to understand how judges respond and react to the ineffective arguments of why apparent might not want the other parent to have visitation rights or other problems including parental drug use, child support payments in arrears and paternity issues.

Rhode Island child custody factors

“The proportion of custodial parents due child support payments who received any payments—either full or partial—decreased between 2007 and 2009, from 76.3 percent to 70.8 percent. Those who received the full amount of child support due fell from 46.8 percent in 2007 to 41.2 percent in 2009 (Figure 4). An additional 29.6 percent of custodial parents received partial child support payments in 2009. Custodial parents due child support from noncustodial parents and who received no payments increased to 29.2 percent in 2009, up from 23.7 percent in 2007.24” Custodial Mothers and Fathers and Their Child Support: 2009 Consumer Income, Current Population Reports By Timothy S. Grall, Issued December 2011 P60-240  https://www.census.gov/prod/2011pubs/p60-240.pdf 

“This [C]ourt has held that child-custody awards must be made in the ‘best interest[s]’ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interest of the child determination. However, no single factor is determinative;rather “[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Among the factors the court must consider are the following:

1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.”  Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).” Gregory J. PETTINATO v. Susanne L. PETTINATO. 582 A.2d 909 (1990) No. 89-56-A. Supreme Court of Rhode Island. November 30, 1990. *910 Joseph Sciacca, Palombo & Piccirilli, Providence, for plaintiff. Karen Pelczarski, William Landry, Blish & Cavanagh, Providence, for defendant. OPINION SHEA, Justice.

More RI Family Law Info here

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Why litigating a rear end Collision may make sense | Slepkow Law

Why litigating a rear end Collision may make sense | Slepkow Law | Rhode Island Personal Injury Attorney | Scoop.it
Injured in a rear end collision in Cranston or in RI? CALL a Rhode Island Rhode island personal injury lawyer at Slepkow Slepkow & Associates 401-437-1100.
David Slepkows insight:

When some of us first learn to drive, we may  have utilized a driving instructor, parent, or friend. These people often warned us to give plenty of space to the car in front. These people warned us that if we struck a vehicle from behind (in a rear end collision -auto) we would be considered the at-fault party.

RI rear end collision

Law enforcement officers in RI or Mass. could issue a ticket for following the other vehicle too closely, officially declaring you and you alone to be responsible for the car crash. No investigation, no inquiry, no trial could absolve us from responsibility if we rear-ended someone (at least that is what we were led to believe).

As well-intentioned as this advice is – and it is good advice to put plenty of space between your car and the car in front of you so that you can safely stop with little or no advanced warning. The truth is that rear-end collisions are not always the fault of the trailing car. Sometimes the lead driver engages in negligent or careless driving that can contribute to the rear-end collision.  This driver’s negligence may possibly exceed the negligence of the trailing driver, the trailing driver may be entitled to damages.

“Under Rhode Island law, “[w]hen a case includes a claim or defense resulting from a rear-end collision between vehicles, a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). website

Negligent Behavior by Leading Drivers Can Contribute to rear end Collision car accident

Some of the ways in which leading drivers may act carelessly or recklessly and thereby contribute to a rear-end collision in Rhode Island (RI) or Massachusetts (MA) include:

  • Suddenly stopping for no justifiable reason;
  • Turning left or right without giving a proper signal;
  • Driving far too slow for prevailing road and traffic conditions;
  • Failing to follow generally-accepted rules of the road;
  • Disregarding traffic control signs and signals (some drivers mistake a STOP sign for a YIELD sign and vice versa, for instance).
  • backing up on the highway or in the middle of the road

Determining who is at fault or what percentage of fault to assign to each driver in a rear-end collision in Providence or Boston is not always easy. Doing so may require consultation with engineers, accident reconstruction experts, and other expert witnesses. An experienced Michigan car accident lawyer should have the connections and resources necessary to thoroughly evaluate the cause(s) of your rear-end collision and accurately determine your precise legal rights to recovery. Thales Directory

Legal Notice per  RI Rules of Professional Responsibility: The Rhode Island Supreme Court  sitting in Providence 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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Atrium C-Qur Hernia mesh lawsuit 2018 | FDA asleep at the wheel

Atrium C-Qur Hernia mesh lawsuit 2018 | FDA asleep at the wheel | Rhode Island Personal Injury Attorney | Scoop.it
Atrium C-QUR™ hernia mesh is a medical device manufactured by Atrium. Atrium Medical Corporation is a business unit of MAQUET Cardiovascular located at 40 Continental Boulevard in Merrimack, NH.  Many victims allege that C-Qur mesh is defective, unreasonably dangerous and that Atrium failed to warn them of the dangers of the mesh device. Lawsuits have been …
David Slepkows insight:

Atrium C-QUR™ hernia mesh is a medical device manufactured by Atrium. Atrium Medical Corporation is a business unit of MAQUET Cardiovascular located at 40 Continental Boulevard in Merrimack, NH.  Many victims allege that C-Qur mesh is defective, unreasonably dangerous and that Atrium failed to warn them of the dangers of the mesh device. Lawsuits have been consolidated into “Multidistrict litigation*” pending before the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. United States District Judge Landya McCafferty is presiding over these medical device lawsuits. Thankfully, there are no c-qur class action lawsuits pending in the United States. There is no C-Qur recall, at this time, and no global C-Qur mesh settlement. There is no way to know what an average C-Qur settlement will be in the future. Will there be a C-qur settlement 2018?

Atrium C-Qur hernia mesh lawsuit

CONTACT A HERNIA MESH ATTORNEY AT A MESH LAW FIRM

This hernia mesh post about Atrium C-QUR™ mesh  manufactured by atrium medical corporation was written to provide hernia mesh victims information about hernia mesh litigation and lawsuits. If you have further questions about Atrium C-Qur hernia mesh, please contact a hernia mesh attorney at the number on this site. This legal article provides comprehensive information about: who, what, where and how of Atrium C-Qur hernia mesh and the resulting lawsuits.This surgical mesh website also provides information about the following: “hernia mesh settlement 2018” as well as “the average settlement amount for a hernia mesh lawsuit 2018.” Victims are still, to this day, filing C-Qur hernia mesh lawsuits. It is crucial that individuals not miss a c-qur statute of limitations deadline. A victim who misses a C-qur mesh deadline may be precluded from filing a C-qur hernia mesh lawsuit. C-qur mesh complications are very serious and a victim should not wait too long before filing an Atrium mesh lawsuit otherwise known as a C-qur mesh lawsuit.

 WHO IS PURSUING ATRIUM C- QUR™ LAWSUITS IN FEDERAL COURT?

Hernia mesh settlement 2018

We are reviewing Atrium C-QUR™ claims (Lap – no FX) for potential individual lawsuits in United States Federal Courts. These Atrium C-QUR™ cases manufactured by atrium medical corporation are pending before the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. The Honorable United States District Judge Landya McCafferty is presiding over these medical device product liability claims. The Court is located at the U.S. District Court District of New Hampshire. The Court is locatedat 55 Pleasant Street Room 110 Concord, NH 03301, 603.225.1423.

The official case caption for the MDL is: In Re: Atrium Medical Corp. C-QUR™ Mesh Products Liability Litigation (MDL No. 2753)  MDL Docket No. 16-md-2753-LM The Atrium C-QUR™ causes of action have been consolidated “for pretrial purposes” as multi-district litigation. (otherwise known as an “MDL”)

C-QUR MESH LAWSUIT UPDATE 2018

As of 2018, there are more than 400 c-qur hernia mesh causes of action pending in the c-qur multidistrict litigation. There was a case management order of May 29th, 2018. 

On July 9th, 2018 it was reported: “Complaints are being added at an increasing rate in U.S. District Court class action litigation against Atrium Medical Corp, a medical device firm that employs 600 people in Merrimack.  At midyear, 784 plaintiffs were involved in 621 federal cases from around the country, all alleging that Atrium’s hernia mesh products had painful and sometimes fatal complications. The suits, which began being filed in August 2016, were consolidated at the end of that year in U.S. District Court in Concord. Over the last six months, they were filed at a rate of 39 a month, compared to 24 per month previously. That doesn’t count over 100 cases filed in New Hampshire Superior Court.” https://www.nhbr.com/July-20-2018/Filings-gain-momentum-in-hernia-mesh-litigation/

“Few of the federal plaintiffs are from New Hampshire, even those filed directly in Concord. The last half dozen were from Kansas, Texas and Mississippi.” Id.

2018  C QUR MESH UPDATE: CASE MANAGEMENT AND SETTLEMENT CONFERENCES

This case management order determined that bellwether trials will commence starting February 19th, 2020. “The litigation’s bellwether trials will involve a small group of representative cases and may provide insight into how other juries will rule in similar claims.” https://www.rxinjuryhelp.com/news/2018/06/11/atrium-c-qur-hernia-mesh-lawsuits-federal-bellwether-trials-to-begin-february-2020/

There will also be a settlement conference for the first bellwether trial prior to January 6, 2020. “The May 29th Order further directs counsel for plaintiffs and defendants to each select 8 cases (for a total of 16) for inclusion in an Initial Discovery Pool by July 20, 2018. Hernia mesh lawsuits eligible for the pool include those filed on or before April 1, 2018 that have plenary jurisdiction in the District of New Hampshire.” Id.

“Half of the cases selected for the Discovery Pool will be designated Trial Pool Cases by March 1, 2019 and will proceed to expert discovery. Plaintiffs are to select 4 of the Trial Pool Cases, while defendants will select the remaining 4. The parties are encouraged in making selections for Discovery Pool and Trial Pool cases to select cases that will be representative of all filed cases in order that the process of selection and trial will be a helpful process for evaluation of the entire docket of cases for trial and resolution of the entire docket of cases,” the Order states.” Id.

ATRIUM C-QUR HERNIA MESH LAWSUIT | COMPLAINTS AND PROCEDURAL ORDER

 

WHAT ORDERS HAVE ISSUED FROM THE COURTS DECIDING THE INDIVIDUAL ATRIUM C-QUR LAWSUITS?

According to the Atrium Medical C-Qur Case Management Order #1, The Court ordered that: “The actions listed in Attachment A are consolidated for pretrial purposes. Any “tag-along” actions later removed to or transferred to this court, or directly filed in this court, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure.”  CASE MANAGEMENT ORDER NUMBER 1,  January 13, 2017

The 2nd  Atrium medical C Qur Case Management order declares that, “In order to eliminate delay and to promote judicial efficiency, any plaintiff whose case would qualify for transfer to MDL No. 2753 under the Judicial Panel on Multidistrict Litigation’s December 8, 2016 transfer order (doc. no. 1) may file his or her complaint directly in MDL No. 2753 in this court. Defendants reserve the right to object to the inclusion of any such action in this MDL.”  CASE MANAGEMENT ORDER NO. 2 (Direct Filing and Waiver of Service)

WHAT IS MULTI-DISTRICT LITIGATION (MDL)?

“Multi-district Litigation is litigation comprised of multiple civil cases involving one or more common questions of fact which have been transferred by the Judicial Panel on Multidistrict Litigation from multiple federal district courts across the country to a single federal district court for coordinated or consolidated pretrial proceedings under 28 U.S.C. Section 1407.” United States District Court District of New Hampshire, MDL 

WHAT ARE THE ATRIUM C-QUR™ LAWSUITS ABOUT?

The Atrium medical C-QUR™ hernia mesh victims who have filed lawsuits in Federal Court are asserting that the Atrium C-QUR™ device manufactured by Atrium medical corporation is defectively designed. They also alleged that they were not properly warned of the device’s dangers. These litigants allege that such medical devices caused them certain complications including: Pain and suffering. Many victims allege the mesh ripped.

  • Swelling
  • Adhesions
  • Obstructions
  • Mesh migration
  • Bacterial infections
  • Hernia recurrence
  • Additional surgeries to treat hernia recurrence

WILL THERE BE C-QUR MESH LAWSUIT JURY TRIALS SOON?

According to the Procedural order entered on April 20th, 2018, “The parties stated in their joint agenda that they have exchanged drafts and continue to work together to finalize a proposal to submit to the court within two weeks regarding bellwether guidelines as well as pretrial and trial dates for bellwether cases selected. The parties asserted  during the status conference that they continue to make progress in finalizing a proposal and do not require court intervention at this time.”  UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753)
MDL Docket No. 16-md-2753-LM, ALL CASES, PROCEDURAL ORDER

WHEN CAN I FILE A C QUR LAWSUIT?

You can file a hernia mesh claim after you retain a top hernia mesh attorney

WHERE ARE THE ATRIUM C-QUR™ LAWSUITS FILED?

UNITED STATES DISTRICT COURT  FOR THE DISTRICT OF NEW HAMPSHIRE

ARE THESE C-QUR™  HERNIA MESH CASES A CLASS ACTION?

No the Atrium C-QUR™ claims are individual lawsuits with each victim represented by their own hernia mesh attorney. It is important that you retain one of the best hernia mesh lawyers in the United States.

WHY DID THIS OCCUR? | ATRIUM MEDICAL

Atrium utilized the controversial 510(k) Premarket Notification process to get C-QUR™ approved.  On  03/31/2006 the FDA determined  that ATRIUM MEDICAL CORPORATION C-QUR MESH aka “C-QUR™ Mesh”  is “Substantially Equivalent (SESE)” to another type of mesh marketed years prior.  By using the 510 (k) process Atrium avoided the strenuous testing protocol usually required by the FDA.

On March 31, 2007 the FDA wrote a letter to Atrium stating, “We have reviewed your Section 5 10(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, 1976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act.”  https://www.accessdata.fda.gov/cdrh_docs/pdf5/K050311.pdf 

WHAT IS A 510 (K) PRE-MARKET NOTIFICATION PROCESS?

“Section 510(k) of the Food, Drug and Cosmetic Act requires device manufacturers who must register, to notify FDA of their intent to market a medical device at least 90 days in advance. This is known as Premarket Notification – also called PMN or 510(k). This allows FDA to determine whether the device is equivalent to a device already placed into one of the three classification categories. Thus, “new” devices (not in commercial distribution prior to May 28, 1976) that have not been classified can be properly identified. Specifically, medical device manufacturers are required to submit a premarket notification if they intend to introduce a device into commercial distribution for the first time or reintroduce a device that will be significantly changed or modified to the extent that its safety or effectiveness could be affected. Such change or modification could relate to the design, material, chemical composition, energy source, manufacturing process, or intended use.” FDA,  https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances/510kClearances/default.htm 

WHAT IS C-QUR™ MESH?

“C-QUR™ Mesh is indicated for use in hernia repair, chest wall reconstruction, traumatic or surgical wounds, and other fascial surgical intervention procedures requiring reinforcement with a non-absorbable supportive material.”  More information Atrium C-QUR is a mesh material that is used mainly in the surgical repair of hernias. It has also been used in chest wall reconstruction and in the repair of traumatic or surgical wounds. It is manufactured by Atrium Medical Corporation. The use of Atrium c qur has been found to cause serious injuries to some patients. As a result, legal action has been taken against the manufacturer in some instances. Patients may encounter adverse reactions to the product immediately or, more typically, after the product has been in use for some time.

HOW MUCH OF A SETTLEMENT CAN I EXPECT?

No one can predict the amount of settlement or judgment a victim will receive as a result of  bringing a hernia mesh claim. The amount of a hernia mesh settlement in 2018 depends on the severity of pain and suffering and symptoms as well as:

  • Amount of medical bills, medication costs and medical device expenses
  • Number of  revision surgeries or other surgical procedures
  • The skill, expertise and aggressiveness of the hernia mesh victim’s medical device attorney
  • The financial resources of the manufacturer to pay thousands of claims, Does the defendant have deep enough pockets
  • The nature, extent and longevity of the pain and suffering of the victim
  • other factors not set forth above
  • Hundreds of mesh victims are searching the internet seeking justice and accountability for their suffering.
  • Many of these victims are searching for the following keywords: Hernia mesh settlement 206, Mesh settlement 2017, hernia mesh settlement amounts, hernia mesh lawsuit 2017, hernia mesh lawsuit settlement amounts 2017, “know before you file hernia mesh lawsuit” and “average settlement for hernia mesh.”

History of the Atrium C-QUR

Atrium C-QUR is a brand of mesh that is utilized for the treatment and repair of a hernia. Hernias occur a portion of the intestine or nearby tissues force through a weakened portion of the nearby muscle or connective tissue. Surgical mesh is typically used of synthetic materials that is woven together to form a non-absorbable barrier that can be used in surgical procedures.

Mesh patches are not necessarily designed to provide a long-term solution but instead offer a basis for the body to grow tissue that will strengthen the area. However, medical complications  including c-qur mesh complications can occur that may be very serious. One such complication occurs when the loops of the intestines adhere to the mesh or to each other. This can create a serious medical emergency or obstruction which requires immediate surgery. Victims across the United States are in creasingly looking into whether they can file a c-qur mesh lawsuit or an atrium c-qur lawsuit. Many victims incorrectly believe that a c-qur mesh recall / c qur recall is needed to file a hernia mesh lawsuit. Other victims incorrectly believe that the C- Qur lawsuits are a c qur mesh class action.

SEARCHES RELATED TO C-QUR HERNIA MESH

  • atrium mesh fda
  • atrium prolite mesh recall
  • c-qur mesh mdl

SYMPTOMS OF ADVERSE REACTIONS TO ATRIUM C-QUR

Not everyone experiences problems with mesh implants. However, if a patient notices any adverse reactions, it is imperative to seek immediate medical attention. Your doctor will make a determination as to whether the mesh implant has failed or has caused or contributed to the complication.

Symptoms include:

  • Pain or swelling
  • Diarrhea or vomiting
  • Infection
  • Recurrence of the hernia
  • Mesh adherence to the intestines
  • Bowel obstruction
  • Damage to an organ, nerves or blood vessels

These complications may occur at any time after the original surgery has taken place. If the mesh material begins to break down before the body has naturally repaired the area, the individual will likely experience some complications. These may range from minor to severe, but often require additional surgery to repair the area. In some instances, complications can be life-threatening. The most common complications that occur with the use of Atrium C-QUR are migration and erosion.

SEARCHES RELATED TO HERNIA MESH LAWSUIT

Many victims are searching the internet for information about the following:

  • hernia mesh problems years later
  • hernia mesh pictures
  • hernia mesh failure symptoms
  • hernia mesh side effects
  • hernia mesh complications symptoms
  • what are the symptoms of hernia mesh rejection?
  • can a hernia mesh be removed?
  • hernia mesh material

TREATMENT FOR MESH IMPLANT COMPLICATIONS

There are various treatments that may be necessary for mesh implant complications. The University of Mississippi Medical Center, the treatment plan may include topical treatments, oral medications to treat pain or muscle spasms and injections to reduce inflammation and pain. Surgery is likely the most common method of treatment.

It is important to note that generally, mesh implants usually cannot be completely removed once they have been implanted. The body grows tissue in and around the mesh rendering it impossible to fully remove without causing major internal damage. Therefore, surgical repair methods must be used which may include partial removal and the further use of mesh if necessary.

REPORTING COMPLICATIONS

The U.S. Food & Drug Administration, FDA, has provided communication regarding safety concerns for some types of mesh implants. Patients who experience complications from the use of surgical mesh should report the problem to the FDA through the MedWatch Adverse Event Reporting program. This may be done online or by mail or fax. Doctors are also encouraged to report complications. It is important that all those who experience medical problems report them to the FDA so that proper steps are taken to prevent further injuries from occurring. The FDA may require a company to recall products that are reported to be dangerous to patients.

RECALL OF  HERNIA MESH IMPLANTS

In 2013 Atrium Medical Corporation issued a recall of their C-QUR products with lot numbers 10405513 and higher. The recall was made due to humidity concerns with product packaging. When exposed to high levels of humidity the fish oil coating on the mesh can cause the product to adhere to the packaging. The recall applied to packaging concerns only and did not directly address medical problems associated with surgical use.

DEFECTIVE PRODUCT LIABILITY

Unfortunately, there have been complications reported that involve defects in the product after it is implanted in the body. Those who have suffered a complication due to a faulty Atrium C-QUR mesh implant should report the problem to the FDA. The physician should also report the injury. Legal action may be necessary against the manufacturer because of the failure to warn of possible injuries and complications and their lack of response in resolving the reported problems. The company should be responsible for any injuries that occurred because of a defect in their product or lack of warning to patients.

LITIGATION HISTORY AND CURRENT STATUS- C QUR MESH

Lawsuits have been filed against Atrium Medical Corporation for poor design of the product and for inadequate manufacture. The company has a duty to fully test their products before they are sold, and they must also warn consumers of the potential risks involved in using the products. A number of lawsuits have been filed against AMC for injuries that resulted from the use of C-QUR mesh products. These lawsuits have not yet been resolved. You may be able to file a lawsuit if you had hernia repair which utilized Atrium C-QUR after May 2006 and suffered complications that required additional surgery or other medical treatment.

HOW TO TAKE LEGAL ACTION

Those who have suffered medical complications due to the use of Atrium c qur mesh may be entitled to compensation. Litigation may be needed in order to receive compensation for medical costs, lost wages, pain and suffering, and other expenses directly caused by faulty mesh implants.  A diagnosis must show that the patient’s injury is due to the use of an Atrium C-QUR mesh implant. Patients should obtain medical records that provide information regarding the specific type of mesh implant that was utilized in their original hernia surgery. A patient should take action as soon as possible after learning about the injury because there are legal time limits to file a legal claim. Multiple cases may be combined in a class action lawsuit.

C-QUR SETTLEMENT 2017 | C-QUR SETTLEMENT 2018?

No hernia mesh attorney can predict when and if there will be a C-Qur settlement in 2017 or 2018 or at anytime in the future. Also, no hernia mesh law firm or surgical mesh lawyers can state what is the average Atrium C-Qur hernia mesh settlement.

ATRIUM MEDICAL CORPORATION C-QUR MOSAIC MESH, SURGICAL, POLYMERIC Back to Search Results Model Number 31105 Device Problem Device markings issue Event Date 09/30/2015 Event Type  Injury Event Description During laparoscopic repair of a ventral hernia, mosaic coated mesh (9cm round) was inserted through the trocar. Laparoscopically, it was difficult to determine which side of the mesh was coated. The surgeon removed the mesh from the body and tried again while remembering how he inserted the mesh to determine which side is which on the screen. The patient had no complications because of this issue.   Manufacturer Narrative C-qur mosaic mesh was reviewed for lot history and sterilization records. The finished good and subassembly lots passed all in-process inspections and testing including but not limited to fourier-transform infrared spectroscopy and pre & post sterile pouch peel. All raw materials met all incoming testing and inspections. The sterilization records show that all results passed. Warning 5 of the mosaic ifu states the following: “it is important to orient c-qur mosaic mesh correctly for proper function. The smooth side of the mesh should be positioned facing the bowel or other visceral surfaces where minimal tissue attachment is desired. “.   Manufacturer Narrative Marketing and regulatory were consulted about the first product complaint that it is difficult to determine laparoscopically which side of the c-qur mosaic mesh should be placed against the bowel. A decision was made to add instructions to the ifu to orient the smooth side of the mesh against the bowel when placed laparoscopically. The mosaic ifu is being updated to state the following: “it is important to orient c-qur mosaic mesh correctly for proper function. The smooth side of the mesh should be positioned facing the bowel or other visceral surfaces where minimal tissue attachment is desired. ” this ifu would have been with the lot reported in this file as ifu was changed. The ifu is pending fda review of 510(k) for labeling changes and was submitted 25-may-2015 – 510(k) k151386. A review of the complaints database revealed (b)(4) other report related to an incident description of this type. Clinical evaluation: difficult detecting which mesh side is used on a patient has a risk of placing the rough side and not the smooth side towards the visceral surfaces and this placement may induce adhesions. Adhesions are fibrous bands that form between tissues and organs. Adhesions form as a natural part of the body’s healing process after surgery in the same way that a scar forms.

 

ATRIUM MEDICAL CORP ATRIUM C-QUR MESH HERNIA MESH 8.9CM X 8.9CM 3 1/2IN X 3 1/2 IN Back to Search Results Catalog Number 31543 Event Date 06/06/2012 Event Type  Injury Event Description Reporter had hernia repair with this device. (b)(6) days later, he removed the bandage to take a shower and his skin looked sunburned, swollen and there was a yellow discharge. Hospital said it was infected. He had the mesh removed, given antibiotics, had drains placed. Reporter was in the hospital a total of five days. He then began vomiting after discharge on (b)(6) 2012 and was found to have an obstruction. Reporter was taken back to surgery on (b)(6) 2012 and the obstruction was relieved. Reporter says he has heard of many people complaining about these meshes. He has tried to contact the mfr, but they have not called him back. The physician said that the mesh was infected and reporter feels that if he wasn’t as strong as he was, he would not have made it.

 

ATRIUM MEDICAL CORPORATION C-QUR MESH COATED WITH OMEGA-3 FISH OIL 7.5 X 12 CM COATED HERNIA MESH Back to Search Results Event Date 01/07/2011 Event Type  Injury Event Description Atrium c-qur mesh implanted in me for obturator hernia repair. Back to er 6 hours after discharge for pain (b)(6) in area of mesh implantation near bladder. Never recovered from initial surgery, constant burning severe pain despite pain med. Md felt i was having a reaction or rejection to the mesh; back to operating room (b)(6) 2011; surgeon said abd and pelvic area looked “like a bomb went off” and area very red and irritated “like a 3rd degree burn. ” mesh removed -what he was able to (told my husband some strands were not able to be removed) also appendix was involved with mesh which was floating freely/not attached per surgeon and appendix had to be removed. Operating room (b)(6), (b)(6) 2011 for lysis of adhesions and cholecystectomy. Am now left w/chronic lower abd/pelvic pain which is not relieved with medication; also tried nerve blocks x3 and acupuncture with no significant change in pain. Now unemployed due to being out of work too long (most of 2011) and am too weak/deconditioned to stand for any length of time; sitting exacerbates pain (previous job required sitting at a computer). Medtronic epidural nerve stimulator has been proposed; however, at this pont, i am hesitant to undergo yet another invasive procedure which may or may not help. If i had known the surgery would result in my rejection/reaction to this mesh, which has changed my life in many negative ways, i would never had undergone it and would advise anyone considering hernia repair to look into the type of mesh that will be used. Definitely don’t use c-qur mesh coated with omega-3 fish oil. I had a bilateral inguinal hernia repair in 2008 with no complications; a different mesh was used at that time. Now i have both inguinal hernias as well as the obturator hernias held together with sutures only, so am at increased risk of recurrence and limits the amount of weight i can safely lift (that is if i was strong enough to lift any weight). I had a total of 7 impatient stays and 3 er visits related to this pain this year. At one pont was down to (b)(6) on tpn.
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How to win: Slip, Trip & Fall Cases in RI - Slepkow Law

How to win: Slip, Trip & Fall Cases in RI - Slepkow Law | Rhode Island Personal Injury Attorney | Scoop.it
Injured in a premises liability accident? Call Rhode Island Slip and Fall Attorney, David Slepkow 401-437-1100. RI personal injury attorneys.
David Slepkows insight:

After a slip and fall accident in Rhode Island, the first step a victim must take is retaining one of the best Rhode Island slip and fall attorneys. The RI negligence lawyers will perform an extensive intake process and perform a case assessment. This trip and fall liability assessment concerns determining the source of recovery otherwise known as liable entities or liable tortfeasors.

Rhode Island Trip and Fall Lawyer

After being retained, the Rhode Island personal injury attorney will determine if the liable potential defendants have appropriate insurance coverage or homeowners insurance to compensate the victim for their injuries and pain and suffering. Of course, a residential fall would involve a different strategy than a slip and fall on a commercial or business establishment.

How do RI Slip and Fall lawyers get their clients compensated?

In the event of a fall by a worker in the scope of employment, there may be a Rhode Island workers compensation claim against the employer. RI workers comp is a no-fault cause of action with more limited damages than a traditional negligence liability cases. However, under Rhode Island law, a worker can still seek full liability damages against a third party. This third-party liability claim could be a RI product liability claim or a medical malpractice case against a doctor who negligently treats a work-related injury.

Providence trip and fall attorneys

The best Providence slip and fall attorneys will immediately develop a strategy. The lawyers will retain the best engineers and experts and begin the process of preparing the case for a jury trial on the merits. Retaining a top mechanical engineer, safety expert or other expert is not enough. An effective Rhode Island personal injury lawyer will effectively and smartly utilize the expert and his accident reconstruction or other report.

The RI premises liability lawyer will establish that an unsafe/ dangerous condition caused the injured victim’s injuries. This process of establishing negligence and liability involves potentially:

  • analyzing and securing photographs,
  • reviewing expert reports,
  • obtaining medical, surgical and hospital records
  • as well as examining and obtaining video surveillance of the scene of the fall mishap.

Slip and fall may occur both indoors and outdoors

Slip and fall may occur both indoors and outdoors and often happen on ramps, stairs, walkways, parking lots etc. In the event of a trip, slip or tumble on government or municipal property there may be very strict notice requirements that must be carefully followed by the RI liability lawyers. In the event of catastrophic, serious or permanent injury the East Providence injury solicitor may retain medical experts to establish damages, causation, permanency as well as future life restrictions. In the event of a settlement or a judgment, after a judge or jury fall related trial on the merits, then the Warwick premises injury lawyer needs to settle and resolve all subjugation liens.

Fighting the cheap insurance adjuster trying to deny a slip and fall claim

The best personal injury attorneys in Rhode Island will be savvy negotiators who know how to properly evaluate the value of a RI tort claim and are not afraid to ‘trade punches’ with an insurance adjuster, so to speak. The starting point of a successful negotiation is an intelligent demand letter setting forth the details of the claim, medical damages, liability and causation.

litigation culture

The insurance defense lawyers will be part of a litigation culture who will try to stand in your way to getting a fair settlement to compensate you for your suffering. They will utilize every defense in the book whether it is true or not. They will allege that you were comparatively at fault, assumed the risk or made up the entire event. This strategy will usually be premised on smoke and mirrors. Pursuant to the tort and indemnity laws in Rhode Island and Providence Plantations, Premises liability claims pertains to an area of tort law in which real estate title owners and certain occupiers of real estate could be held liable for mishaps and death on real property.  Premises causes of action and premises RI wrongful death claims are a subset of the larger field of personal injury law. A rear-end car crash lawyer rubber stamping small perfunctory collision settlements with whiplash injuries may be in way over his head in a complex premise’s litigation.

failure to fix an unreasonably dangerous conditions

Premises liability in Rhode Island and the Capital city of Providence includes slip and trip cases.  A slip and fall accident in RI typically involve the property owners / landowners or occupants in possession failure to safely maintain the real property or warn invitees of dangerous conditions on the premises.  Liability could result from an owner or business such as a supermarket or restaurant’s failure to fix an unreasonably dangerous conditions on real estate that they either knew or should have known about.

wrongful death in RI

The area of MA premises liability or Massachusetts slip and fall law is not just limited to your garden variety slip and fall on condiments at a salad bar at your local supermarket. Premises liability also includes such causes of action as:  asbestos exposure, mesothelioma, fatal accidents on real estate (wrongful death in RI), dog and animal caused injuries (dog bite /dog attacks), inadequate security protocols causing or enabling criminal action such as assault and battery (murder or rape) etc.

Kent County Superior Court lawsuits also involve:  dark, poorly lit or inadequate lighting on stair cases or other areas of the premises, falling merchandise, goods, boxes, equipment or debris at large department stores such as Walmart, Sears, Best Buy, Lowes or Home Depot. Real property injury incident litigation also includes: construction accidents, carbon monoxide or gas leaks, icy entrance ways, slippery wet or dangerous floors, electric shock due to exposed electric wiring etc.

What are common premises liability injury cases in Massachusetts and RI?

Slip and fall negligence claims are the most commonly litigated premises liability lawsuits in Rhode Island and Providence Plantations. Many fall mishaps are caused by substances or foods such as gasoline, h2o (water), liquids, food product, crushed fruits, veggies and grapes, condiments such as mayonnaise ketchup, mustard or salad dressing, semi melted ice (crushed or cubed), slush from mud, ice or rain and or oil located on the floor. A substance causing a fall in RI could cause the floor to be slippery, slimy, icy or even sticky. Some falls at premises are caused by uneven surfaces, holes or defective conditions on the real property.

Fall claims may be caused by a landlord or property title holder refusing or failing to perform adequate measures to shovel or clear snow or ice from an entrance way, sidewalk, driveway or  commercial parking lot.

Where do most slip and fall cases occur in Rhode Island?

Slip and falls occur in all different types of commercial establishment and businesses in RI and Massachusetts (MA) including:  retail stores, shopping plazas,  restaurants, supermarkets, driveways, entrance-ways, porches, department stores, variety stores, mom and pop stores, Boutiques, malls , supermarkets, general stores, fast food joints, restaurants, warehouse stores, big box retail establishments, sidewalks, grocery stores, banks and hospitals.

Any owner or occupier in possession of real estate could be determined to be negligence for premises liability including: corporations (C corps and S Corps), Limited Liability Companies (LLC), partnerships, trusts, sole proprietorship, government entities such as cities, towns, or the state itself.

a duty to exercise reasonable care

The Supreme Court of Rhode Island (RI) sitting in the Capital city of Provide eloquently wrote “[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff.” Lieberman v. Bliss-Doris Realty Associates  Supreme Court of Rhode Island.Terry S. LIEBERMAN v. BLISS-DORIS REALTY ASSOCIATES, L.P., et al. No. 2002-191-Appeal. Decided: April 14, 2003 Present:  WILLIAMS, C.J., FLANDERS, GOLDBERG, JJ., and SHEA, J. (Ret.). Glenn R. Friedemann, Providence, for Plaintiff. David H. Stillman, Braintree, MA, and Elizabeth Page Fecteau, East Providence, for Defendant.

In Rhode Island and Providence Plantations, you take the seriously injured victim as you find them.  Even victims who aggravate an existing prior automobile crash injury have a right to seek damages as a result of negligence. Real estate owners owe almost anyone who lawfully comes upon the premises a duty of due case and reasonableness (with exceptions for trespasser).

What are Comparative Fault negligence Laws in RI?

Comparative negligence laws in RI is when an injured victim’s compensation is reduced by the percentage fault of the victim in the crash or fall.  Comparative fault is a question of fact that a personal injury jury at the Providence Superior Court negligence trial on the merits. The Providence or Newport County Superior Court jury will determine what percent each party was at fault for a mishap. In Rhode Island, even if an injured person is 99 percent at fault for an accident, they are still eligible to obtain damages of 1 percent from the negligent landowner, corporation or person. (RI has pure comparative fault)

Legal Notice per Rules of Professional Responsibility:

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 Drowsy Driving Accident Lawyer | sleepy driving causing serious injury

RI Drowsy Driving Accident Lawyer | sleepy driving causing serious injury | Rhode Island Personal Injury Attorney | Scoop.it
Injured by a tired, sleepy or fatigued driver in RI? CALL Rhode Island drowsy driving car accident negligence attorney, David Slepkow 401-437-1100
David Slepkows insight:

Most drivers do, at one time or another, drive while drowsy. Whether it’s a late road trip coming home from holiday fun or just another late night at the office, drowsy driving happens all the time. Drowsy driving doesn’t just affect a driver’s ability to stay on the road, but it can also affect reaction time and a driver’s ability to make good decisions. Unfortunately, there is no way to test for drowsy driving beforehand – or prevent it, unless drivers become more aware of how tired they are when they start to drive.

RI sleepy driving car accident attorney

Rhode Island drowsy driving accident lawyer

According to the National Highway Traffic Safety Administration (NHTSA), “72,000 crashes, 44,000 injuries, and 800 deaths in 2013” were likely caused by drowsy driving. These are estimated numbers, however, and are likely to be much higher as many accidents that occur are not recorded as being caused by a drowsy driving.

The biggest risk for drowsy driving is, of course, sleep deprivation, but other factors are common, including: Drowsy Driving.CDC

  • According to Drowsy Driving, shift workers who work at night are more likely to drive drowsy than daytime workers.
  • Adults who have children are also more likely to drive drowsy than those without children.
  • “Those with undiagnosed sleep disorders such as acute insomnia or sleep apnea have a higher risk of being involved in a sleep-related accident,” according to Drowsy Driving.
  • “A study by researchers in Australia showed that being awake for 18 hours produced an impairment equal to a blood alcohol concentration (BAC) of .05, and .10 after 24 hours; .08 is considered legally drunk,” according to Drowsy Driving.
  • In addition, most crashes and near misses occur between the hours of 4:00 and 6:00 a.m., followed closely by midnight and 2:00 a.m., according to the CDC.

East Providence injury lawyers

Everyone gets tired, but it’s important to recognize the signs that you might be too tired to drive. The best way to prevent drowsy driving is to get enough sleep. Every adult needs seven hours or more every night. This is crucial to functioning well in any aspect of your life – not just driving. You’ll feel better too. If you think you might have a sleep disorder of some type, consult a physician. While driving, if you find yourself yawning or blinking a lot, you should probably pull over and get some rest. Likewise, if you realize you can’t remember the last few miles of road or you miss a turn-off, you may be too drowsy to drive.

Tired, sleepy and drowsy driving- falling asleep at the wheel

“The consequences of fatigue on human performance can be subtle. Fatigue is both a symptom of poor sleep and health management and an enabler of risky behavior, such as poor judgment and decision making, slowed reaction times, and loss of situational awareness and control. Fatigue degrades a person’s ability to stay awake, alert, and attentive to the demands of controlling their vehicle safely. Drivers may not recognize the effects of fatigue until it is too late. The traveling public can unknowingly and unwillingly be placed at risk because a fatigued operator cannot safely execute his or her duty. According to the National Highway Traffic Safety Administration, from 2009 to 2013, more than 72,000 police-reported crashes involved drowsy drivers, and resulted in more than 41,000 injuries and more than 800 deaths. Another study conducted in 2014 by the AAA Foundation for Traffic Safety estimated that as many as one in five fatal crashes involve drowsy driving. Additionally, a recent AAA survey found that more than 31 percent of highway vehicle drivers admitted driving while so tired that they had trouble keeping their eyes open.”  National Transportation Safety Board (NTSB) , Reduce Fatigue-Related Accidents

fall asleep at the wheel

One of the hidden risks of driving is that either you or another driver on the road nearby could fall asleep at the wheel, and in an instant your life could take a turn for the worst, whether it be a major injury or even loss of life. In fact, experts say that drowsy driving is just as dangerous as drunk driving. Drowsy drivers have more difficulty paying attention to the road and reacting when they need to slow down or stop suddenly.

6,000 fatal crashes each year

According to the U. S. National Highway Traffic Safety Administration (NHTSA), drowsy driving causes at least 100,000 crashes per year in which about 40,000 individuals are hurt and 1,500 die. However, experts at the NHTSA believe that the actual numbers of injuries and deaths are much higher—up to 6,000 fatal crashes each year. It is very difficult to confirm that an accident was caused by someone falling asleep while driving because there is no test like with drunk driving.

Who Is Most At Risk?

We are all at risk, but there are a few characteristics that tend to lead to drowsy driving. First, be aware that we are typically more tired between midnight and 6 a.m. or in the late-afternoon since these are the times when we experience dips in our circadian rhythm (our body’s internal clock that regulates sleep). Single drivers are more likely to fall asleep at the wheel since they have no one to help keep them alert. Next, shift workers and commercial truck drivers are most likely to drive drowsy given their poor sleep habits. Finally, drivers with untreated sleep disorders like sleep apnea are at greater risk.

Know The Warning Signs

All drivers need to be aware of the signs that they may be getting too tired to continue driving. The United States Centers for Disease Control points out the following key warning signs to watch out for:

  • Yawning often
  • Unable to keep eyes open
  • Trouble keeping your head up
  • Difficulty remembering the past few miles driven
  • Missing road signs or turns
  • Drifting into other lanes or onto rumble strips on the shoulder
  • Ending up too close to cars in front of you

If you experience any of these warning signs, either switch drivers or pull over and find a safe place to rest.

How To Prevent Drowsy Driving

Falling asleep while driving is completely preventable if you take the following precautions:

  • Get a restful night’s sleep—7 or 8 hours each night. Do this by creating good sleep hygiene habits, including low intensity exercise before bed, as well as other relaxation and hygiene rituals.
  • Try not to drive late at night.
  • Avoid driving alone. On a long trip, share the driving with another passenger.
  • Avoid ineffective tricks like smoking, listening to loud music, drinking caffeinated beverages, or opening a window. These are not real cures for drowsiness.
  • Address any sleep disorders by seeing a physician about treatment options.
  • Do not take medications that can make you sleepy, such as narcotic pain pills, tranquilizers, cold or cough medicine, muscle relaxants, some antidepressants, some high blood-pressure pills, and some antihistamines.
  • Avoid drinking any alcohol before driving.

If each of us follows these tips, our roads will be safer for everyone.

If you are in a car accident or injured by a driver that may have been drowsy, you should consult a Rhode Island injury attorney or a RI personal injury lawyer.

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Spinal Fractures & Herniated Disks | Slepkow (Voted Best 3 RI Law Firm)

Spinal Fractures & Herniated Disks | Slepkow (Voted Best 3 RI Law Firm) | Rhode Island Personal Injury Attorney | Scoop.it
If you suffered a spinal cord injury or herniated disk in a car or motorcycle crash, then contact RI personal injury lawyer, David Slepkow 401 437 1100
David Slepkows insight:

Herniated disks and Spinal  fractures resulting from car accidents are very serious matters. The spinal column is made up of 33 vertebrae, which are small bones that protect the spinal cord from injury. Without the spinal column, it would be impossible to stand up straight, bend over or twist your body from side to side. Car accidents cause a variety of injuries, but back injuries are among the most common. In severe cases, the trauma from a car accident can cause a spinal fracture or disk herniation. Article authored by Rhode Island personal injury attorney, David Slepkow. If you suffered a spinal cord injury in a car, motor vehicle or motorcycle crash, then contact a RI personal injury lawyer with experience litigating spinal cord injuries.

Spinal Fractures and herniated disk in car crash

Spinal Fractures as a result of a Rhode Island car accident

Spinal fractures, or breaks in the vertebrae, sometimes occur when the upper body moves forward while the pelvis remains in the same position. The most common symptom of a spinal fracture is back pain that gets worse with movement. Numbness, bladder or bowel dysfunction, and weakness in the limbs may occur if the fractured vertebra compresses the spinal cord. Depending on the extent of the injury, a surgeon may have to stabilize the fracture and decompress the spinal canal. It takes several months to recover completely, making it difficult for accident victims to participate in normal activities such as going to work, exercising, playing with children or doing household chores.

Herniated Disks and spinal cord injury caused by a Providence auto crash

Disks are the rubbery cushions located between the vertebrae of the spinal column. Each disk has a tough exterior with a jelly-like interior. Disk herniation occurs when the jelly-like material pushes through a crack in the disk’s exterior surface.  Herniated disks often cause back pain, but they may also cause muscle weakness, arm and leg pain, numbness or tingling. If medications and physical therapy do not relieve pain, a surgeon may have to remove the damaged portion of the disk.

Legal Damages in Providence Superior Court

If you were involved in a Rhode Island car accident or a RI truck crash caused by another driver, you may be able to file a lawsuit to recover compensation for your medical bills, pain and suffering, and lost wages. The first step in filing such a lawsuit is contacting an experienced East Providence car accident attorney or a Rhode Island personal injury lawyer. A personal injury attorney in Rhode Island will help you get the compensation you deserve as a result of your RI motorcycle, truck, car or bicycle accident.

In some cases, the driver is not the only person responsible for the  RI car accident. For example, if your vehicle is hit by an 18-wheeler with defective brakes, the trucking company may be at fault for failing to maintain the vehicle as required. If someone else hit your vehicle because a traffic light wasn’t working properly, your city or county may be partially liable for the accident. After reviewing your case, an experienced RI automobile collision attorney can advise you as to the best way to proceed with a lawsuit.

“One type of back injury common among car accident victims is called a herniated disc, also known as a slipped or ruptured disc. Discs are small, spongy cushions within the spinal column that separate and protect the vertebrae from one another and give the spine flexibility. The impact from a car accident can damage a disc, causing it to break or deform, thereby destroying its ability to cushion the bones of the spine. A damaged disc may also put pressure directly on nearby nerves, which can cause pain, numbness and weakness in any part of the body that the affected nerve travels to. Disc injuries in the lower back frequently lead to a condition called sciatica, which is characterized by shooting pain, numbness and tingling in the leg and/or buttock on either side. The pain associated with sciatica can be severe and debilitating, and has the potential to grow worse over time.” Disability Information Accidents and Disability  Back Injuries from Car Accidents Synopsis: Published 2011-07-17 — Types of back injuries associated with car accidents including compensation claims and medical costs. Author: Christiansen Law Offices

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Hernia mesh lawsuit and complications | what you need to know – Defects Lawyer

Hernia mesh lawsuit and complications | what you need to know – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkows insight:

Hernia meshes have been used to help repair hernias for over 60 years. In the past 25 years hernia mesh has been used in the vast majority of hernia repair surgeries. After numerous advances, there are many different types of hernia meshes that are relied upon in surgeries. However, some of these hernia meshes have led to serious side effects for those who have had them implanted. Some of these complications can be life threatening. As a result, there have been scores of hernia mesh lawsuits filed against the manufacturers of these meshes. If you have received a hernia mesh implant and have experienced serious side effects, you should immediately contact a hernia mesh law firm or lawyer to discuss your case.  A hernia mesh lawsuit may be the only way to get justice and compensation as a result of defective and dangerous surgical mesh.

What Is Hernia Repair?

A Hernia usually involve an organ that protrudes through a cavity. In order to fix the hernia, the abdominal wall must be reinforced and strengthened. In the past, this involved an open incision and sewing the affected area, This required full anesthetic and a hospital stay. Hernia repair has become less complicated in many instances due to the use of hernia mesh, which means that the surgeon does not have to do  as much repair.

Bard hernia mesh MDL update in federal Court

“On April 17, 2019, Judge Sargus, who is overseeing the Bard Hernia Mesh MDL in the Southern District of Ohio, held a Case Management Conference. At the time of the conference, the Court noted that there were just over 1,700 cases filed in the MDL, with approximately 80-100 new cases being filed each week. The parties advised that the protocol and schedule for conducting various depositions were still being discussed, including the depositions of the treating physicians, corporate designees, and company witnesses. Paper discovery from defendants is also still being produced and reviewed by Plaintiffs’ leadership. Another conference is scheduled for early June.” https://www.natlawreview.com/article/bard-hernia-mesh-litigation-continues-federal-and-state-courts

What Is Hernia Mesh

Hernia meshes are not necessarily one uniform implant. There are literally dozens of types of meshes that are in use. There is no one single material that is used in all procedures. While there is some use of natural mesh that is made from animal tissue (biologiocal mesh), most meshes that are used derive from synthetic materials.

One of the more common types of meshes is made from polypropylene. This is a synthetic material that is a polymer that is in the plastics family. It is advertised to be inert, meaning that once it is implanted, there will be no chemical reactions occurring with the mesh. Also, if mesh is inert, it is not supposed to degrade or change over time. Since the implant is a part of the body, it must remain inert in order to remain effective and not cause side effects. The mesh is sewn,  affixed or placed into the abdomen or another area where the hernia is protruding in order to strengthen the weakened area.

Complications From Hernia Mesh

The main complication from hernia meshes is that the mesh is not  always actually inert as advertised. This can have several different ramifications. The first is if there is a chemical reaction that occurs involving the mesh, the patient can experience an infection at the site of the mesh. In some instances, the infection can be life-threatening. In those cases, the mesh has to be removed so that the infection does not grow worse and the patient will need several surgical procedures. Infections are the most severe side effects that can occur from hernia meshes.

Hernia meshes can also shift position or degrade over time. When the hernia mesh migrates, it can come into contact with other organs and can adversely effect them. If the complications are severe enough, the patient will need surgery to remove the mesh to prevent damage to surrounding organs. Similarly, if the mesh shrinks, it will no longer be in the proper position to sustain the hernia repair and follow-up surgery will be necessary to either fix the hernia or change the mesh.

Hernia mesh recall

Some hernia mesh products have been the subject of FDA recalls. There have been at least six hernia meshes that have been recalled starting in 2005. As recently as 2018, there were recalls of meshes. For example, last year some ProLite Mesh patches were recalled because of hernia recurrence. One of the most significant examples of hernia mesh failure was the removal from the market of Johnson & Johnson’s Physiomesh Flexible Composite Mesh due to an emergency safety alert. Hernia meshes continue to be in widespread use in the marketplace, although there is at least some usage of meshes that are made of biological materials that are truly inert. However, meshes made of animal tissue are still very expensive, preventing them from gaining widespread acceptance.

mesh lawsuits

The complications that have resulted from the use of hernia meshes has led to years of lawsuits against the manufacturers. Since there are many different types of hernia meshes, there is no one single overarching lawsuit or multidistrict litigation for hernia meshes in general as there is for other medical devices. There are  multidistrict litigations as it relates to some  manufacturer. For example, C.R. Bard has paid hundreds of millions of dollars to settle a multi district litigation hernia mesh lawsuit related to Composix Kugel mesh. Mesh  manufacturers are facing  thousands of  thousands of hernia mesh lawsuits from those who have experienced side effects from the surgical mesh.

Lawsuits Relating to Hernia Mesh 

One of the major lawsuits that is currently pending is that relating to Physiomesh. The complaints generally alleged that Johnson & Johnson manipulated the testing data to make it through the FDA’s 510(k) process which is a streamlined approval mechanism. Johnson & Johnson is alleged to have provided false information regarding the safety of the product. The company purportedly consciously cut short the amount of testing of the product that it performed. Further, the design of the hernia mesh made it susceptible to degradation. In addition, allegedly the “Secure Strap” used for fixation of the device exacerbated the risks of the mesh. Beyond the allegation of defective design, plaintiffs also allege that the manufacturer failed to warn them of the risks associated with the product. Most of the  mesh lawsuits addressing Physiomesh are now pending as part of multidistrict litigation in the Northern District of Georgia.

Contact a  hernia mesh Lawyer Today | Hernia mesh lawsuit

If you have suffered any sort of injury as a result of a hernia repair that used mesh, it is vital that you contact a lawyer immediately. Given that Physiomesh was pulled from the market in 2016, the statute of limitations may soon run out on a potential claim so time is of the essence. The  hernia mesh lawsuit attorney will provide you with a free consultation where they can assess the facts of your case and provide you with a road map of the process that must be followed for recovery.

Sources:

https://www.drugdangers.com/news/physiomesh-lawsuit-update-2018-physiomesh-hernia-patch-mesh

http://www.gand.uscourts.gov/sites/default/files/rws2782_longCmp.pdf 

https://www.sciencedirect.com/science/article/pii/S1743919112000921

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Foodborne illness & food poisoning lawsuit, Salmonella, E. coli etc​. – Defects Lawyer

Foodborne illness & food poisoning lawsuit, Salmonella, E. coli etc​. – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkows insight:

Food poisoning is both angering and debilitating at once. When you purchase food or eat at a restaurant, the last thing that you expect is that the food will make you ill. Some foodborne illness is serious enough to cause lasting damage, and even death in some cases. Below is some information on the common or most severe types of foodborne illness. If you have contracted any of them and have suffered harm, it is vital that you contact a food poisoning lawsuit lawyer. The manufacturer or the purveyor of the food that sickened you may be legally responsible for your illness.

According to the Centers for Disease Control, there are more than 250 foodborne illnesses. These are infections that result from bacteria and other viruses. These can also result from toxins and chemicals. According to the CDC, there are five top foodborne illnesses. In addition, there are several other common illnesses beyond the top five.

Norovirus

Norovirus is a severe stomach bug that results in nearly 800 deaths each year. It is highly contagious and easily spread. People can contract norovirus in a variety of different ways, including contact with someone who has the virus. It can be transmitted through food. If someone infected with norovirus comes into contact with food, then the food can carry the virus. Norovirus can also spread through water and surfaces. The illness can last from one to three days, but more severe cases can require hospitalization.

Salmonella

According to the CDC, there are over one million cases of salmonella in the United States each year. The illness kills approximately 450 people each year. The illness generally last from four to seven days, but in many cases, it does not require further treatment. However, if the diarrhea is severe enough, hospitalization is required. Salmonella is often spread through contaminated meat. For example, there was a recent outbreak of salmonella that has been connected to Butterball turkey products. There is also another active outbreak of salmonella that has come from tainted ground beef.

Clostridium Perfringens

While not as well known as the other types of foodborne illness, C. perfringens is every bit as common. While the name is not well-known, this is more familiar to people as food poisoning. Over one million Americans are sickened by this on an annual basis. This can come from eating rotten food or food that was not stored at the right temperature. Due to the nature of this illness, it will most likely not come as part of an outbreak because it comes from individual food not being served and stored in a correct manner.

Campylobacter

This mostly results from eating poultry that has been undercooked. Outbreaks of this illness are rare. According to the CDC, there have been an average of 35 outbreaks of this illness each year recently. Although this foodborne illness is not as severe as the others, it is very easy for someone to become sickened with it. All it takes is one drop of juice from contaminated poultry and one can contract this illness. This illness sickens over one million Americans each year, although many cases go unreported.

Listeria

This is a common cause of fatalities among foodborne illnesses. Listeria is very rare, but is very deadly. Of the approximately 1,600 people that contract listeria every year, roughly one in every six die. Pregnant women are especially susceptible to this illness. Nearly all of the cases of listeria will require the patient to be hospitalized. Recently, there was on outbreak of listeria from pork products that sickened four people, although there were no fatalities.

E. Coli

This is one of the more well-known foodborne illnesses. According to the CDC, there are approximately 75,000 people who are sickened with this illness every year and roughly 2,000 will require hospitalization. Between 50 and 100 people die from this disease annually. Recently, one of the more publicized out breaks of this illness was the E. Coli that was connected with consumption of romaine lettuce that caused one fatality.

There are numerous other foodborne illnesses. including botulism and Vibrio. Botulism is a serious illness because its toxins attack the body’s nervous system. While botulism is rare, up to one in ten cases can be fatal.

Food Poisoning Lawsuits

Widespread cases of food poisoning can lead to large-scale litigation. For example, there have recently been a number of cases filed in the wake of the outbreak of E. coli. People in 11 states were sickened from consuming this romaine lettuce. It is believed that nearly 150 people were sickened in this outbreak. At least five lawsuits have been filed in conjunction with the tainted romaine lettuce. Many of the plaintiffs required hospitalization, including blood transfusions, due to the severity of their illness. Some of the plaintiffs were sickened by eating romaine lettuce served at Panera Bread. The lawsuits target the lettuce supplier for Panera. Further, several restaurants have been sued because the plaintiffs were sickened by food that they ate there.

Another example of widespread food contamination litigation is the lawsuits that have been filed against Chipotle. The Mexican restaurant chain was the originator of a nationwide outbreak of E. coli starting in 2015. As of August 2018, there were over 700 cases filed against Chipotle for food poisoning claims. These consist of both individual claims as well as class action lawsuits. There was another outbreak that has been traced to a Chipotle in Ohio that has led to an increase in the number of suits against Chipotle.

Food Poisoning as Product Liability Cases

When it comes to lawsuits that stem from instances of food poisoning, there are a number of different possible defendants. The company that manufactured the product may be held liable for making the food that made you sick. Further, if you purchased the food at a grocery store, that establishment can also be sued for selling you the food. Similarly, a restaurant where you ate the food can also be legally responsible for your illness. A lawyer will likely advise you to sue both the manufacturer and the seller of the food. You will receive the verdict or the settlement and it is up to the two companies to fight it out to see who has to pay what share of your award.

In most states, all you have to show is that the food was contaminated and that the contamination was the cause of your illness. It does not matter whether the manufacturer was negligent in how they prepared the food. Of course you can always show that the supplier was negligent and that may increase your jury award. However, under the products liability theory, proving negligence is not required.

Food poisoning lawsuit lawyer

If you have been sickened by any type of food, it is best to get the documentation from your doctor of the reason why you were sickened. Your medical records should contain the diagnosis of whatever foodborne illness you contracted. Then, you should seek out legal counsel to figure out whether you have a viable legal claim against anyone who may have had a role in selling that food to you. It is vital that you contact a salmonella lawsuit lawyer immediately, while the evidence that can back up your claim is still available. In addition, there is also the issue with the statute of limitations that can place a time limit on filing a claim. The E. Coli lawsuit lawyer can tell you after reviewing the facts of your case whether they believe that you have a viable legal claim.

Sources:

https://www.foodsafety.gov/poisoning/causes/bacteriaviruses/norovirus/index.html

https://www.cdc.gov/salmonella/outbreaks-active.html

https://www.cnbc.com/2018/08/01/chipotle-hit-with-new-lawsuit-over-food-contamination-in-ohio.html

https://www.beckershospitalreview.com/quality/chipotle-food-poisoning-cases-up-to-700-as-fast-food-chain-hit-with-second-lawsuit.html

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Essure Birth Control Lawsuit, Side Effects and Complications – Defects Lawyer

Essure Birth Control Lawsuit, Side Effects and Complications – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkows insight:

Essure is a birth control medication that was intended to be a high-powered and permanent form of contraception that would prevent pregnancy. However, thousands of women have reported serious essure side effects and Essure complications that have been attributed to Essure that have caused their bodies substantial damage. Now, the manufacturers of Essure have been hit with thousands of essure lawsuits alleging that the defective product caused the women to suffer immeasurable harm and essure problems. Many victims are seeking an essure lawsuit update about Essure contraception/ essure implants. Many victims are wondering: how does essure work? How do I resolve my essure problems?

Implantable birth control device 

Essure was initially developed by Conceptus and was manufactured by that company until Conceptus was acquired by Bayer. The product acts as an implantable birth control device that is an alternative to having one’s “tubes tied.” The device is intended to function as a blockage that would keep sperm from reaching an egg.

What is Essure birth control?

The device is inserted by a catheter and is intended to be a long-lasting birth control solution. Essure is intended to be a permanent solution with no follow-up birth control or other methods necessary. Essentially, Essure was regarded to be another form of female sterilization. Essure was designed to cause inflammation in the fallopian tubes that would cause them to be permanently blocked. Essure’s manufacturers marketed the drug as a quick and easy way for women to never have to worry about birth control in the future.

Do I qualify for an Essure lawsuit?

  • Essure victim had Essure medical device implanted within the following time frame: November 4, 2002 to the present.
  • The Essure victim has at least one of the Essure complications or Essure side effects listed here: “Punctures, Perforations, Expulsion. Breakage, Migration, Organ Damage, Ectopic Pregnancy with Fetal death, Hysterectomy” (Quote from source *)

The above described Essure lawsuit criteria is what most Essure lawsuit law firms believe constitutes a good case. Victim’s who do not meet these criteria should still contact an Essure lawsuit lawyer about whether he or she qualifies to file an Essure lawsuit.

2018 Bayer halts essure

Essure birth control was approved by the FDA for usage in 2002 and has been in continuous usage since then until Bayer announced in June 2018 that it was halting sales of Essure. There was no essure recall. Halting sales of Essure insured that there was no Essure recall. This decision was purportedly due to declines in sales and an unsustainable business model. However, as described below, various factors led to a decline in Essure’s sales, chief of which was safety concerns.

essure procedure

In 2013, it was revealed that numerous women have suffered adverse side effects that have resulted from the use of Essure birth control . After that revelation, a torrent of complaints were filed with the FDA regarding these side effects. To date, 26,000 reports have been filed with the FDA regarding Essure. In addition, many women reported that the product was not entirely effective as women have gotten pregnant after having Essure devices implanted.

“The U.S. Food and Drug Administration was notified by Bayer that the Essure permanent birth control device will no longer be sold or distributed after December 31, 2018. This decision follows the FDA’s patient safety action in April, in which the agency issued an order restricting the sale and distribution of Essure; it was a unique type of restriction where the FDA used its authority to impose additional requirements to provide a reasonable assurance of the device’s safety and effectiveness.” FDA

Essure implant has fractured and broken apart

Women have been reporting that the Essure implant has fractured and broken apart after it was implanted. Alternatively, even if the implant was able to remain intact, it has also been reported to move around after it has been implanted, causing damage to internal tissue and organs. In some instances, the implant has moved to the lower abdomen and pelvis, causing significant pain and bleeding. Once the implant has either moved or fractured, surgery is often required. This surgery, at the very minimum, must remove the implant. Sometimes, multiple surgeries are required depending on how badly the implant has broken. In addition, surgery is often required to repair the internal damage that has been caused by Essure. Extreme instances have required women to have a hysterectomy to remove permanently damaged reproductive organs. More mild instances of side effects have involved joint pain, fatigue, autoimmune disease symptoms and allergic reactions to the makeup of the implant.

Essure side effects after essure procedure

Thousands of lawsuits have named Bayer and Conceptus as defendants due to the side effects that women have experienced. Given that Bayer only recently stopped selling Essure, it is expected that the number of lawsuits will increase. Currently, there are more than 16,000 lawsuits pending against the manufacturers, and the number grows by the day. These cases are pending in several state courts. There are numerous Essure complications, essure birth control side effects and Essure side effects that have caused victims pain and suffering.

Product liability | essure lawsuit

The lawsuits proceed from the theory of product liability. The complaints generally allege that Bayer did not properly disclose the risks that women faced from receiving an Essure implant. The complaints have usually alleged that Bayer made express warranties and misrepresentations that women relied upon when choosing to receive Essure. Bayer is alleged to have marketed Essure without the proper FDA approval. The FDA gave Essure conditional approval which prescribed specific terms that Bayer was required to follow. According to the lawsuits, Bayer did not follow these terms, thereby negating its FDA approval.

Bayer is alleged to have learned of the failure of the Essure devices. Instead of stopping to market Essure or warning potential patients of the dangers, Bayer is alleged to have said nothing and continued to market Essure as if there were no problems whatsoever. The lawsuits have alleged that Bayer learned that the composition of the Essure implant could potential be harmful, but said nothing. It was only after Bayer was ordered to do so by the FDA that it included a warning on its label of the potential risks. This was three years after it was reported that a large number of women had claimed that Essure had caused them injuries. Not only is Bayer alleged to have failed to report the harmful effects, but the lawsuits claim that Bayer took steps to actively conceal the potential harm from the public. In addition, the lawsuits have alleged that the way that the product was designed made it extremely difficult for the average doctor to properly insert Essure. In other words, Bayer was selling a product that most doctors did not have the skill to properly implant.

Essure birth control

Most of these suits have been brought in California courts. At this point, those cases have been joined into a mass tort litigation. There are also cases that are pending in Missouri and Pennsylvania. Before these cases reach a determination on the merits, there has been procedural litigation as to the appropriate venue for the cases. For example, in Pennsylvania, the cases were filed at the state level before Bayer removed the case to federal court. However, the federal court ruled that it could not exercise jurisdiction over the claims since they involved causes of action that involve the laws of the state.

If you or someone that you know has suffered damages from Essure or essure side effects / complications, you should consult an essure lawsuit attorney as soon as possible.  An essure recall lawyer will help you get the compensation you deserve. An  essure procedure attorney will help you get a sense of justice. Each state has strict rules for the timely filing of cases after an  essure procedure, called the statute of limitations. Given the timing of when women starting reporting harmful effects from Essure, the statute of limitations for an essure lawsuit may be close to tolling for many of these cases.

Source

*Consumer Awareness Group

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What is Radiculopathy as it Relates to Spinal Cord Injuries Sustained in Car Accidents? | Los Angeles Injury Lawyer Steven M. Sweat

What is Radiculopathy as it Relates to Spinal Cord Injuries Sustained in Car Accidents? | Los Angeles Injury Lawyer Steven M. Sweat | Rhode Island Personal Injury Attorney | Scoop.it
Free Consultation - Call 866-966-5240 - Steven M. Sweat helps victims and their families receive compensation for their injuries in Injury and Accident cases. What is Radiculopathy as it Relates to Spinal Cord Injuries Sustained in Car Accidents? - Los Angeles Injury Lawyer

Via Steven M. Sweat
Steven M. Sweat's curator insight, June 16, 2:40 PM

After a car accident, pain that radiates down your spine and into your extremities can be a sign of serious nerve injury.  Find out more in this post.

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Hernia Mesh Problems Years Later | Mesh Complications & Symptoms

Hernia Mesh Problems Years Later | Mesh Complications & Symptoms | Rhode Island Personal Injury Attorney | Scoop.it
Mesh complications | Hernia mesh problems years later? Hernia mesh pain years later. Mesh lawsuit 2020. Surgical mesh settlement 2020. Best mesh law firm.
David Slepkows insight:

Hernia mesh problems years later, hernia  mesh complications and inguinal hernia mesh pain symptoms are a vexing problem that mesh victims endure. “According to a 2016 study, nearly a third of patients experienced complications or needed additional surgery more than five years after the surgical mesh was implanted.” legalscoops Many victims are not able to file surgical mesh lawsuits because they have missed a hernia mesh statute of limitations.  It is all too common occurrence for a victim to have nagging mesh complications and hernia mesh pain years after surgery. Looking at pictures of a hernia will not resolve the problem.

Hernia mesh problems years later

HERNIA MESH PROBLEMS YEARS LATER

If a victim misses a statute of limitations and then years later his mesh side effects take a turn for the worse, he may be out of luck. Before a victim undergoes hernia mesh repair, he should engage in due diligence. The victim should look into non mesh alternatives. Surgical mesh complications symptoms and hernia problems can occur many years after a hernia mesh surgery / hernia mesh repair. Hernia mesh problems years later and hernia mesh pain years later is an all too common occurrence despite the fact the the mesh manufacturer often denies this reality.

Will I have hernia mesh problems years later?

  • Deleterious side effects may arise months or perhaps years after a hernia mesh surgery.
  • Complications and hernia mesh pain years later may persist for years after the pain commences.
  • Infection complications may not arise for years after the surgical mesh is implanted.

HERNIA MESH PAIN YEARS LATER

Thankfully, in most states the statute of limitations for hernia mesh does not begin to run until a victim starts suffering mesh complications and side effects. This offers some comfort for victims who have hernia mesh problems years later and hernia mesh pain years later.  However, in many cases, this reality may not be helpful to a victim who suffers severe surgical mesh complications and hernia mesh discomfort years later and the mesh manufacturer seeks to dismiss the hernia mesh lawsuit claiming that the victim is deceiving the court. Many hernia mesh victims are wondering: how to tell if hernia surgery failed? and will my hernia mesh complications get better? Other victims are looking into filing a hernia mesh lawsuit 2018.

HERNIA COMPLICATIONS 

If you missed out on a hernia mesh lawsuit settlement amount in the past and the statute of limitations has not expired, consider filing a mesh lawsuit 2018. Hernia mesh complications, surgical mesh side effects and surgical mesh complications symptoms are a serious matter.   Victim’s with C. R. Bard / Davol Inc. hernia mesh implanted may enjoy a nearly endless hernia mesh statute of limitations so long as the hernia mesh lawsuit is filed in Rhode Island state Court.  Any worthwhile hernia mesh settlement amount must factor in hernia mesh removal surgery recovery time as well as the extent of hernia mesh infection symptoms. Sometimes it can be instructive for victims to look at hernia mesh pictures when they are suffering through surgical mesh complications symptoms. Hernia mesh pictures can be found by a simple google search of “hernia mesh pictures.” Many victims wonder if hernia mesh discomfort means here is hernia mesh rejection.

 Some of the complications that can occur as a result of defective and dangerous hernia mesh include:
  • adhesions,
  • damage to organs,
  • inflammatory and allergic responses,
  • foreign body rejection
  • migration of the mesh, and
  • infections

In medical school physicians spend hours looking at pictures of a hernia but that only tells part of the story. Hernia mesh settlement amounts can vary widely and may depend on the nature and extent of hernia mesh complications. There is not really an average hernia settlement. The reason for this is that some hernia mesh lawsuits will end with a confidential surgical mesh settlement. The mesh manufacturers will refuse to pay hernia compensation amounts or surgical mesh lawsuit settlements after the mesh implant lawsuit statute of limitations expires. The mesh manufacturer will refuse to pay despite the fact that victims have endured years of hernia mesh infection symptoms and hernia complications.

HERNIA HERNIA INFECTION SYMPTOMS

A mesh attorney explains important concepts regarding hernias, hernia repair procedures, hernia mesh pain and hernia mesh complications. Below you will find a list of hernia mesh complications, hernia infection symptoms and hernia complications. This article provides information you need to know before filing a hernia mesh lawsuit or mesh implant lawsuit. This surgical mesh article also addresses the issue of hernia mesh problems years later. Hernia mesh pain years later is a thorny issue, indeed. Hernia mesh complications and hernia mesh pain that occur months and perhaps years later needs to be considered when determining the proper mesh settlement amount.  Hundreds of victims are searching the internet with a very simple question: “pain after hernia surgery how long?”

BARD MESH VICTIMS MAY GET AN EXTENDED STATUTE OF LIMITATIONS

The biggest issues that victims, who endure surgical mesh pain many years later, face is that when the victim file a hernia mesh lawsuit seeking compensation, the mesh manufacturer will seek to ax the claim based on the statute of limitations. If a mesh victim misses the deadline to file a mesh lawsuit, the Court will dismiss the case. It is irrelevant how bad the victims’ hernia problems are. Also, hernia mesh law firms will refuse to take hernia mesh lawsuits in which the firm believes the victim has missed the mesh lawsuit statute of limitations. When a mesh statute of limitations is asserted surgical recall symptoms may become irrelevant.

 INTERNATIONAL PROBLEMS

“Australian surgeons say complications are rare for hernia mesh surgery, as more patients speak out about issues they have experienced after the procedure. People who have had problems after hernia mesh is inserted say the problems cannot be downplayed. They have described hallucinations, projectile vomiting faeces, and skin colour changes from a faecal build up in their bodies.” Surgeons defend hernia mesh amid patient claims about bowel blockages and vomiting faeces  ABC News 

“Western Australia resident Alan Thomson told the ABC he had endured years of excruciating pain after several hernia mesh operations. He said at its worst, he got a bowel blockage and vomited up faeces. The problem was that when they realised that my bowel was blocked, they were in the process of putting a tube down my nose into my stomach and I gagged, Mr Thomson said. It was just one of the most disgusting things I have ever had to experience, and it was just pure poo coming out of my mouth. Then I looked down at myself and said to the nurses that probably the best thing you can do is actually stand me up and just hose me down.” Mr Thomson plans to travel to the United Kingdom next month to get the mesh taken out, after he could not find a surgeon to do it in Australia.” Id.

PAIN AFTER HERNIA SURGERY HOW LONG?

Thankfully, for victims who suffer mesh pain years later or hernia mesh problems years later and have C. R. Bard and / or Davol hernia mesh implanted, they have the benefit of a long lasting and extended statute of limitations in Rhode Island. If a victim files in Rhode Island State Courts against Bard / Davol, Rhode Island law will apply. Rhode Island law will apply because, until recently, C. R. Bard was a company headquartered in the Ocean State. Also, Davol, Inc which is a subsidiary of Bard, currently is located in RI. Please note that nearly all the other states have very strict hernia mesh statute of limitations. Bard / Davol victims who suffer complications and side effects many years after hernia repair surgery and have hernia mesh problems years later will still have a chance at justice and compensation.

LONG LASTING  STATUTE OF LIMITATIONS IN BARD / DAVOL LAWSUITS 

Victims with surgical mesh pain years later need to research the best forum to file their mesh lawsuit. In a defective medical device case in Rhode Island and Providence Plantations, the 3 year RI statute of limitations does not begin until a “person discovers, or with reasonable diligence should have discovered, the wrongful conduct of the manufacturer… We are convinced, after reviewing the case law and weighing the equitable considerations, that the better view would be to adopt the following rule: in a drug product-liability action where the manifestation of an injury, the cause of that injury, and the person’s knowledge of the wrongdoing by the manufacturer occur at different points in time, the running of the statute of limitations would begin when the person discovers, or with reasonable diligence should have discovered, the wrongful conduct of the manufacturer.”  Anthony v. Abbot Laboratories, 490 A.2d 43 (R.I. 1985)

LONG-LASTING STATUTE OF LIMITATIONS IN BARD HERNIA MESH LAWSUITS IN RHODE ISLAND

6 REASONS WHY RI IS BEST PLACE TO FILE A HERNIA MESH LAWSUIT AGAINST BARD / DAVOL

It is more common than you think that people will suffer inguinal hernia mesh pain symptoms. It is common that people will  suffer inguinal hernia mesh pain symptoms immediately after a hernia mesh surgery. For more information, please visit the links below. Surgical mesh complication symptoms and symptoms of mesh rejection can be devastating. As soon as a mesh victims sees signs of mesh infection or begins to suffer hernia mesh complications, he or she should not only be visiting a medical doctor but should be considering a hernia mesh lawsuit. It all comes back to a simple query asked by hundreds of victims, “pain after hernia surgery how long?” Mesh victims who suffer hernia mesh complications, side effects and symptoms years later should read the following posts:

POTENTIAL TIME BOMB FOR THE SURGICAL COMMUNITY AND MEDICAL DEVICE SUPPLIERS.

“Michael Kavic, MD, a hernia surgeon and editor-in-chief of the Journal of the Society of Laparoscopic Surgeons, is calling on practicing surgeons, surgical educators and medical device manufacturers to re-evaluate their approach to inguinal hernia repair, recommending less reliance on synthetic mesh repair as the go-to method for repairing inguinal hernias. In a presentation at Minimally Invasive Surgery Week, Dr. Kavic called the incidence of chronic pain after mesh hernia repair a “potential time bomb for the surgical community and medical device suppliers.’ General Surgery News

“Hernia mesh complications can be life-threatening. Surgery is almost always necessary to fix hernia mesh complications. Recalled mesh has been responsible for some of the most serious complications. Complications of hernia mesh include adhesion, bowel obstruction, bowel perforation and migration. People have also reported infection, rejection and hernia recurrence after being implanted with hernia mesh. Hernia mesh complications can occur soon after surgery or years later. It is important to know what symptoms to look for.” https://www.drugwatch.com/hernia-mesh/complications/

WHAT IS A HERNIA?

“A hernia occurs when an organ, intestine or fatty tissue squeezes through a hole or a weak spot in the surrounding muscle or connective tissue. Hernias often occur at the abdominal wall.  Sometimes a hernia can be visible as an external bulge particularly when straining or bearing down.” FDA

WHAT IS SURGICAL MESH?

“Surgical mesh is a medical device that is used to provide additional support to weakened or damaged tissue. The majority of surgical mesh devices currently available for use are constructed from synthetic materials or animal tissue.”  FDA 

Surgical mesh could be composed of synthetic material or animal derived materials. “The synthetic materials used can be absorbable, non-absorbable or a combination of absorbable and non-absorbable materials.” Id. “Non-absorbable mesh will remain in the body indefinitely and is considered a permanent implant. It is used to provide permanent reinforcement to the repaired hernia. Absorbable mesh will degrade and lose strength over time. It is not intended to provide long-term reinforcement to the repair site. As the material degrades, new tissue growth is intended to provide strength to the repair.” id.

WHAT ARE THE SYMPTOMS OF HERNIA MESH REJECTION AND INFECTION?

Below you will find a list of numerous hernia mesh complication symptoms, hernia complications and hernia mesh infection symptoms experienced by many hernia mesh victims. Hernia mesh complications symptoms and surgical mesh complications symptoms are a serious matter. The following hernia complications will help answer the question: how to tell if hernia surgery failed? Looking at hernia mesh pictures or stomach mesh will only tell you a small piece of the puzzle of what is actually going on with mesh lawsuits. There is no doubt that surgical mesh victims suffer hernia mesh problems, surgical mesh complications symptoms and hernia mesh side effects including:

HERNIA MESH COMPLICATIONS SYMPTOMS 

A hernia mesh or stomach mesh that becomes infected can be catastrophic and dehabiltating to the victim. Antiobotics are often not enough to properly treat an infected hernia mesh. In many cases a revision surgery is necessary to remove surgical mesh which is infected.  Pain and suffering, hernia mesh side effects and mental anguish can be debilitating and tragically, in some cases, could possibly lead to suicidal tendencies or suicide,

MANY PEOPLE DEBATE THE FOLLOWING QUESTION: IS IT SAFE TO USE MESH IN HERNIA SURGERY?

Other people ask the following:

  • What are the symptoms of mesh rejection?
  • What are the chances that I will get a hernia mesh infection?
  • How to tell if hernia surgery failed?

The primary complications caused by hernia mesh infection are inflammation, pain, nausea, bacteria, vomiting, chills etc. “Patients usually present with symptoms and signs of local acute inflammation (a combination of pain, erythema, tenderness, swelling and increased temperature in the abdominal wall in the area of the mesh). In addition, patients may have systemic manifestations such as fever, malaise, chills or rigors. A mesh-related infection can sometimes manifest with a discharging fistula, or with an intra-abdominal abscess. Rare cases of patients who presented with osteomyelitis following inguinal hernia surgery with implantation of a polypropylene mesh have been reported.” Online Library

MESH INFECTION SYMPTOMS

“Based on FDA’s analysis of medical device adverse event reports and of peer-reviewed, scientific literature, the most common adverse events for all surgical repair of hernias—with or without mesh—are 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), and a hole in neighboring tissues or organs (perforation).

The most common adverse events and hernia mesh problems following hernia repair with mesh are pain, infection, hernia recurrence, adhesion, hernia mesh infection and bowel obstruction. Some other potential adverse events that can occur following hernia repair with mesh are mesh migration and mesh shrinkage (contraction). In some cases the mesh is ripped. Victims are desperately searching for, ‘mesh removal surgeons near me.’

REPAIR WITH SURGICAL MESH

Many complications and hernia mesh problems related to hernia repair with surgical mesh that have been reported to the FDA have been associated with recalled mesh products that are no longer on the market. Pain, infection, recurrence, adhesion, obstruction, and perforation are the most common complications / problems associated with recalled mesh. In the FDA’s analysis of medical adverse event reports to the FDA, recalled mesh products were the main cause of bowel perforation and obstruction complications.” FDA 

WHAT ARE THE HERNIA MESH SIDE EFFECTS?

Inguinal hernia mesh pain symptoms are not the only mesh complications. Below you will find other mesh side effects in addition to inguinal hernia mesh pain symptoms / surgical recall symptoms. These problems and side effects often are in addition to hernia mesh problems years later.

  • postoperative hematoma and seroma
  • organ injury,
  • lump at site
  • mesh rejection,
  • fistula
  • infection
  • internal bleeding
  • hernia recurrence
  • tissues erosion at the same site where the mesh repair occurred
  • bloated feeling
  • hernia mesh pain
  • mesh inguinodynia

CAN A HERNIA MESH BE REMOVED? 

In some cases, hernia mesh can be removed by surgical mesh surgeons. In some cases, umbilical hernia repair pain years later and hernia mesh complications can lead to a victim having umbilical hernia mesh removal surgery. It is crucial that victims wknow how to answer this mesh question: how to tell if hernia mesh failed? Sometimes hernia surgery pain 2 years after occurs and in other cases inguinal hernia mesh pain symptoms occur nearly a decade later. In other cases, hernia surgery pain after 1 year occurs. Surgeons and medical doctors are well aware that pain long after hernia surgery and hernia mesh infection is commonplace. If you have suffered through a mesh removal nightmare and abdominal pain after hernia surgery you should file a hernia mesh lawsuit and look into hernia mesh settlement amounts 2018.Some victims have no choice but to file a mesh implant lawsuit If hernia mesh settlement amounts 2017 were insufficient then victims must seek a mesh lawsuit update 2018. Mesh removal surgeons are sometimes reluctant to remove hernia mesh because they are afraid to cause a mesh removal nightmare.

WHAT ARE THE SYMPTOMS OF HERNIA MESH REJECTION?

“Bowel perforation happens when hernia mesh punctures or erodes into the bowel. Mesh may also perforate the abdominal wall or another organ in the abdomen. Bowel Perforation Symptoms

  • Nausea
  • Vomiting
  • Severe abdominal pain
  • Abdominal rigidity

A bowel perforation allows fecal matter and bacteria into the abdominal cavity. This can cause peritonitis. Peritonitis is a dangerous form of inflammation. Perforation can also cause sepsis, a sometimes fatal bloodstream infection. People should consider any bowel perforation a life-threatening medical emergency.” Drug Watch

WHAT IS A HERNIA SURGERY?

“Hernia repair is one of the most common surgical procedures performed globally. It is estimated that there are over 20 million hernia repair procedures per year worldwide. The number of procedures has been increasing and is predicted to further increase due to several risk factors such as obesity and prior abdominal surgeries. Hernia repairs provide an important revenue stream for hospitals, estimated at $48 billion/year in the United States. The use of hernia mesh products to surgically repair or reconstruct anatomical defects has been widely adopted: in fact, more than 80% of hernia repairs performed in United Sates use mesh products. The surgical mesh firmly reinforces the weakened area and provides tension-free repair that facilitates the incorporation of fibrocollagenous tissue . However, there are many types of meshes and there is a strong controversy regarding optimum performance and success of surgical procedures.”    Past, Present and Future of Surgical Meshes: A Review;

CAN THERE BE HERNIA MESH PAIN YEARS LATER?

Hernia mesh victims can have hernia mesh pain years later or hernia mesh problems years later. In some case victims miss a statute of limitations because they did not realize they would have hernia mesh pain years later. Hernia mesh pain years after surgery is more common than many people believe.  There is no such thing as surgical recall symptoms despite the fact that many search the internet seeking info about surgical recall symptoms.

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Covid 19 & Workers Comp. in RI | Death benefits, Lost Wages & Med. Bills

Covid 19 & Workers Comp. in RI | Death benefits, Lost Wages & Med. Bills | Rhode Island Personal Injury Attorney | Scoop.it
If I am infected with Covid 19 at work, can I get worker’s compensation benefits? Can infected nurses and healthcare workers get workers comp. benefits?
David Slepkows insight:

Covid 19 and workers compensation in Rhode Island

Many Rhode Island workers who were infected with the Novel Coronavirus may need to seek workers compensation benefits to pay costs of hospitalization, prescriptions and lost wages. Families of workers who died as a result of Coronavirus will need to be compensated for the loss of future income for the remainder of the deceased’s life expectancy. This article addresses whether employees in Rhode Island, who were infected with Covid 19 at work can receive worker’s compensation benefits. Can the families, dependent children and spouse of a deceased worker obtain survivor compensation as a result of a death that arose out of the deceased’s employment? Does Workers’ Compensation in Rhode Island Cover Coronavirus (covid 19)?

 

Speak directly with an attorney on his cell phone, contact our Covid 19- Workers Compensation Hotline  24/7 at (401) 648-3580

This article was authored by Rhode Island lawyer, David Slepkow. David has 22 years of legal experience.

Questions that many Rhode Island workers are asking:

  • If I am infected with Covid 19 at work, can I get worker’s compensation benefits?
  • Can nurses and healthcare workers who tested positive for Covid 19 get workers compensation benefits in Rhode Island?
  • If a person contracts Covid 19 at work and later dies, can the family, spouse or children get survivor death benefits from a workers’ compensation claim?

Will workers infected by Coronavirus get workers compensation benefits?

This question has not been answered yet and will probably be litigated in the near future. Employees who contracted covid 19 during their employment should be entitled to workers compensation benefits in Rhode Island if they can establish that the virus infection most likely occurred at work. Healthcare workers and nurses with Beacon mutual  insurance will be provided worker’s compensation coverage. The State’s largest worker’s compensation company, Beacon mutual, has announced that they will expedite claims for nurses and healthcare workers and presume that their infection was contracted at work.

There are two primary issues concerning Covid 19 and workers compensation benefits:

  1. Can an employee prove that their Covid 19 infection occurred in the course of their employment?
  2. Is the Covid 19 virus a compensable “occupational disease” that is connected with or arising from the peculiar characteristics of the employment?

The Insurance companies may attempt to deny certain claims alleging there is no proof that a certain employee contracted Covid 19 at work.  The indemnity companies will also assert that Rhode Island law does not allow for payment of benefits in this type of situation because Covid 19 is not a disease that arises out of a particular type of employment.

RI Law:  Coronavirus must ‘arise out of and in the course of employment.’

Eligibility for comp. benefits under the Rhode Island workers compensation law is premised on the injured worker establishing that a diagnosed illness arose out of their employment. The worker must establish that a diagnosed illness was not as a result of exposure from other non-work related sources. Pursuant to Rhode Island workers compensation law, an employee’s injury must arise out of and be and in the “course of his or her employment, connected and referable to the employment” (7)(i) Employees who are comp. claimants must retain a Rhode Island workers compensation lawyer to prove that the novel corona virus infection took place at the workplace and resulted from work for the employer.

What type of benefits are available in workers compensation court for Covid 19 victims?

  • medical expenses
  • replacement of lost wages
  • disability benefits for workers who cannot work as a result of the disease or injury
  • death benefits to the families who lost loved ones

Speculation that Coronavirus infection occurred at work is not enough

If an essential frontline employee is infected with Coronavirus, in all likelihood the infection occurred at the employees’ workplace. However, speculation, guesswork and common sense will not win a Rhode Island workers’ compensation case. The Rhode Island workers compensation attorney must establish in Court by competent evidence that the Coronavirus infection occurred at the workplace. “As a general rule, an employee’s injury is compensable if the particular facts and circumstances presented establish a “nexus” or a “causal relationship” between the injury and the employment.”  Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983)Bottomley v. Kaiser Aluminum & Chemical Corp., R.I., 441 A.2d 553, 554 (1982)Knowlton v. Porter Trucking Co., 117 R.I. 28, 30, 362 A.2d 131, 133 (1976).

A matter of proof

A worker may have difficulty proving that they were infected while at work. The insurance company could argue that the disease did not arise from work. The insurance company could assert that the worker contracted the virus while they were shopping for their own groceries, from a family member, at a friend’s house or out in the community. An employee who is infected by the Covid 19 virus should hire one of the best workers compensation lawyers in Rhode Island. The RI workers’ comp lawyer will fight to get justice for the victim and hold the insurance company accountable.

What is the standard of proof to establish that Coronavirus infection took place at work?

The Rhode Island workers compensation lawyer must establish by a fair preponderance of the evidence that the Covid 19 infection took place at work. This means it was more probably than not that the infection took place in the course of employment. In order to prove that the employee was infected by the Novel Coronavirus in the course of the worker’s employment, the RI workers compensation lawyer may need to retain a virologist, infectious disease expert, epidemiologist, or occupational disease specialist. Preponderance of the evidence is the standard of proof used in Providence Workers Compensation Court. Preponderance of the evidence is also the standard of proof utilized in the vast majority of civil cases in Rhode Island.

The workers compensation judge would have to make a determination whether the expert was competent to testify. The seminal case in Rhode Island for the admissibility and reliability of expert testimony is the RI Supreme Court case of Dipetrillo v Dow Chemical Company. The Dipetrillo Court adopted the reasoning and decision of the United States Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)

“Faced with a proffer of expert scientific testimony, then, the trial judge must determine at the outset, pursuant to Rule 104(a) whether the expert is proposing to testify to (1) scientific knowledge that (2) will assist the trier of fact to understand or determine the fact in issue.  This entails a preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether the reasoning or methodology properly can be applied to the facts in issue.” Daubert , 509 U.S. at 592-93, 113 S.Ct. at 2796, 125 L.Ed.2d at 48

Applicable Rules of evidence

Providence Workers Compensation Court utilizes the RI rules of evidence in all trials and testimonial hearings. “Rule 104(a) of the Rhode Island Rules of Evidence provides that the court shall determine “[p]reliminary questions concerning the qualification of a person to be a witness * * * .” Rule 702 of the Rhode Island Rules of Evidence provides as follows with respect to expert witnesses: “Testimony by experts. — If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of fact or opinion.”  https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/orders/09-355.pdf

Will workers’ compensation insurance companies attempt to deny Covid 19 claims for employees who worked during the pandemic?

Only time will tell what positions the insurance companies will take as to whether they will accept liability for the occupational disease claims for Rhode Island residents who worked during the pandemic of 2020. There may be a legislative solution in Rhode Island. A legislative solution may include a presumption, in all cases, that all workers infected with Covid 19 arose during the course of the employee’s employment. Rhode Island worker’s compensation insurers may do the right thing and capitulate to political and social pressures to accept accountability for Covid comp. claims.

Will nurses and medical professionals who test positive for Coronavirus qualify for workers compensation benefits?

One of the largest workers comp. insurers, Beacon Mutual Insurance Company, recently announced that they will presume that all healthcare workers who worked during this pandemic, who were infected with Covid 19, were injured in the scope of employment. The vast majority of workers in Rhode Island are insured by Beacon. Beacon mutual insures over 60 percent of the workers in Rhode Island. Beacon’s move was a nice gesture of social responsibility in the face of a statewide crises causing thousands of deaths. However, Beacon’s policy does not go far enough. Beacon’s policy does not address the plight of non-healthcare workers such as grocery store workers, Walmart employees,  nursing home staff, hotel workers, delivery drivers, construction workers and others who were exposed to Covid 19 virus at the workplace.

Rhode Island’s largest workers’ compensation insurance provider, Beacon mutual, stated:

“In order to be eligible for workers’ compensation benefits under the Rhode Island Workers’ Compensation Act, claimants need to prove that their diagnosed illness arose out of and in the course of their employment, and not through other potential sources of exposure.  In an attempt to expedite any workers’ compensation claims by those providing treatment and care for COVID-19 patients, Beacon intends to recognize the heightened risk of COVID-19 exposure to policyholder health care workers and to presume that those health care workers diagnosed with COVID-19 have an occupational disease, thereby making them eligible for workers’ compensation benefits.  Specifically, throughout the declared state of emergency in Rhode Island, Beacon will address any such claims as follows:…”

The State of Rhode Island issued a press release stating:

“Workers Compensation: Beacon Mutual Insurance Company, which insures 12,000 Rhode Island businesses, will be allowing frontline healthcare workers to file for workers compensation under the presumption that they contracted the virus in the course of doing their jobs – and will expedite those claims….” Press release 

Go local Providence covered Governor Raimondos press conference and Governor Raimondo stated, “I have said all along there have been so many companies in Rhode Island that have been fantastic…I want to recognize Beacon Mutual who insures over 12,000 Rhode Island businesses. I’m announcing on their behalf that Beacon will be allowing frontline healthcare workers to file for workers’ compensation under the assumption they contracted it while on the job….This is an additional benefit on top of [Temporary Disability Insurance, Unemployment Insurance, and Pandemic Unemployment Assistance]…. There’s a number of different benefits available if you’ve lost your job or contracted the disease…”

Can I be denied workers compensation coverage because Coronavirus is not technically an injury?

Under RI law, both an injury and an “occupational disease” is covered by workers compensation benefits. Coronavirus infectious disease illness does not fall in the four corners of any RI workers comp. laws. However, the Novel Coronavirus pandemic is an unprecedented and unanticipated global pandemic. The law in Rhode Island may categorize Coronavirus as an “occupational disease” not an injury. An occupational disease which arises out of work may be treated the same way as an injury in Rhode Island Workers Compensation Court.

“The Legislature enacted G.L. 1956 (1979 Reenactment) Chapter 34 of title 28 in order to protect the worker who was exposed to conditions that resulted in disability because of an occupational disease. Evidently the Legislature recognized that an occupational disease is set apart from accidental injuries in that it is not unexpected — because it is incident to a particular employment — and it is gradual in development.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983)  See Morgan v. Stillman White Foundry Co., 87 R.I. 408, 414, 142 A.2d 536, 538-39 (1958)Perez v. Columbia Granite Co., 74 R.I. 503, 507, 62 A.2d 658, 660 (1948)see also 1B Larson, The Law of Workmen’s Compensation § 41.31, at 7-357 to -358 (1982).

“Section 28-34-1(c) defines the term “occupational disease” as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process or employment.” Disability arising from silicosis or asbestosis is listed in § 28-34-2(32), as amended by P.L. 1982, ch. 32, art. 1, § 8, as a compensable occupational disease and is therefore treated as a personal injury. Moreover, § 28-34-3, as amended by P.L. 1982, ch. 32, art. 1, § 8, and § 28-34-4, as amended by P.L. 1979, ch. 151, § 1, provide that a disabled employee is entitled to compensation if the occupational disease is due to the nature of the employment and was contracted within that employment. Furthermore, when a worker has contracted an occupational disease from being exposed to a harmful substance over a period of years and in the course of successive employment, § 28-34-8 specifies that the employer who last exposed the worker to the harmful substance is liable to pay the entire compensation.” Frank P. TAVARES v. A.C. & S. INC., 462 A.2d 977 (1983) See also Esmond Mills, Inc. v. American Woolen Co., 76 R.I. 214, 219, 68 A.2d 920, 923 (1949).

Is Covid 19 an Occupational disease that you can get compensation benefits?

Rhode Island General law § 28-34-1 defines an occupational disease as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment.” Pursuant to Rhode Island Law 28-34-3 occupational diseases that are set forth in Rhode Island General Law § 28-34-2 are treated the same way as other injuries in workers compensation court. The problem is that 28-34-3 does not list a respiratory virus such as Covid 19 as  a compensable injury. RI law 28-34-3 lists a “Disability arising from any cause connected with or arising from the peculiar characteristics of the employment” as a compensable occupational disease.

“Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries in that it is not expected because it is incident to a particular employment, and it is gradual in development. Accordingly, R.I. Gen. Laws § 28-34-1(3) defines the term “occupational disease” as “a disease which is due to causes and conditions which are characteristic or peculiar to a particular trade, occupation, process of employment.” Disability arising from any cause connected with or arising from the peculiar characteristics of the employment is noted in, R.I. Gen. Laws § 28-31-1(33) as a compensable occupational disease and is therefore treated as a personal injury. Moreover, disabled employees are entitled to compensation if the occupational disease is due to the nature of the employment and is contracted within that employment. See R.I. Gen. Laws § 28-34-3 and §4.” JD Supra

“Rhode Island has yet to address acute instances of contraction of infectious diseases in the workplace. The state is notable for having limited case law, not just in the realm of workers’ compensation, but we anticipate this issue may be litigated in the coming years, given the widespread nature, and great impact of COVID-19. It is arguable that for employees such as cashiers, waitstaff, or other individuals who work closely with the general public, that contraction of COVID-19 is a condition that is characteristic or peculiar to the particular trade, occupation or employment. We anticipate claimants’ attorneys will argue that the conditions of such particular employment, makes workers suspectable to communicable diseases. This is the argument we anticipate will be made to ensure contraction and perhaps even simple exposure of COVID-19 is determined a compensable injury.’ JD Supra

The insurance company may try to deny claims asserting that Covid 19 is not due to causes peculiar to certain types of employment

The workers compensation insurance defense lawyers may argue in certain types of employment that Covid 19 does not arise from a peculiar characteristic of the employment as described in §28-34-3. In other words, infection with Covid 19 does not arise out of a peculiar characteristic of being a construction worker or pizza delivery driver. Furthermore, RI workers comp defense lawyers are likely to argue that Covid 19 is not an occupational disease as described in § 28-34-1 because it it is not’a characteristic and peculiar to a trade, occupation or process of employment. It will be more difficult for the insurance defense lawyers to assert that contraction of  a disease such as Covid 19 would not arise out of the characteristics of working as a doctor, nurse, medical provider or nursing home staff. This reality may have been Beacon’s rationale for accepting accountability for workers’ comp. claims of nurses and medical providers who contacted Covid 19.

A unique and unprecedented challenge

Covid 19 infection presents a unique challenge to the workers compensation statutory scheme in Rhode Island. RI workers’ comp laws, clearly, did not and could not have anticipated a pandemic to this extent affecting the workforce in Rhode Island. The four corners of the workers compensation statute, case law and regulations are not directly referring to infections of workers caused during a pandemic of this nature and proportion.

Will lawmakers revise and update the RI workers compensation statute to provide coverage to employees?

There is a real possibility that the Rhode Island legislature amends the Rhode Island worker’s compensation to specifically include the Novel Coronavirus as a specific occupational disease that may arises out of employment and for which workers will be potentially entitled to benefits. The second issue would be whether the legislature creates a presumption for certain types of workers that Covid 19 infection ws contracted by employees during the course of their employment.

Will legislation be enacted in Rhode Island creating a presumption that a worker who tested positive for Coronavirus was infected at work?

There is a possibility of the Rhode Island Legislature enacting specific legislation to definitively create a legal presumption that all worker infections occurred at work. If the Rhode Island legislature creates a presumption, they must specifically state that it applies retroactively to Covid 19 victims. “As a general rule a statute is presumed to operate prospectively and not retrospectively, unless it appears by clear, strong language or by necessary implication that the Legislature intended to give the statute retroactive force and effect State v. Healy, 410 A. 2d 432 – RI: Supreme Court 1980,Langdeau v. Narragansett Insurance Co., 96 R.I. 276, 279, 191 A.2d 28, 30 (1963)Capobianco v. United Wire & Supply Co., 78 R.I. 309, 312, 82 A.2d 170, 172 (1951).

Fault or the failure of employers to follow safety protocol is not required

Even though an employer has good intentions, an employee could still be infected with Covid 19 at work. Despite an employer following the law and instituting proper safety protocols to protect their employees, members of their workforce can still be infected with the Novel Coronavirus. Fault and negligence of the employer is not an element of a workers’ compensation claim in Rhode Island and Providence Plantations. In other words, if an employee is injured or is infected with a virus at work, the employer is required to pay workers comp. benefits even if the employer did nothing wrong.

Workers compensation law in Rhode Island is relatively simple. If you are injured in the course of your employment, you are usually eligible for benefits. An employee is not required to show that his or her employer was negligent. An injured worker is not required to prove that negligence caused their injury.

Frontline workers- the heroes of this war

The heroes of the Covid 19 pandemic crises are now the frontline workers in Rhode Island. Frontline workers are providing essential services and goods to the public during these difficult times. The State of Rhode Island and the United States are effectively at war with an unconventional enemy, Covid 19. The frontline to this war is not soldiers. The frontline is the grocery store worker who check you out at Shaws / Stop and shop, delivery drivers and clerks at CVS providing your necessary and life-saving medications.

Essential frontline workers include: nurses, health care workers, first responders, EMT workers, medical providers, deliver drivers, physicians, store clerks, cashiers at the supermarket and other heroic workers in Rhode Island. Many employers are not providing their employees proper masks and personal protective equipment (ppe) Employees in Rhode Island face a substantial risk of exposure to the Novel Coronavirus.

Nurses and the workforce selflessly endangering their health and safety

Governor Gina Raimondo, local municipalities and the RI Department of Health have issued many safety protocols for Rhode Island employers. Thankfully, the vast majority of employers are instituting proper precautions for their employees and workers.  However, many employers are not following CDC and State of Rhode Island Department of Health Covid 19 rules and recommendations. The employees, nurses and workforce are selflessly endangering their own health and safety by doing their jobs. These workers are risking their lives to allow Rhode Island residents to get essential services such as food, medication, toiletries, health products and necessary legal services.

Insurance hardball tactics

Insurance companies are well known for their hard ball litigation strategies and tactics that involve insurance companies denying, delaying and deflecting liability and responsibility for an injured employee’s injury.

Which Rhode Island employees have workers compensation available to them?

Rhode Island law mandates very stringent workers’ compensation requirements for the vast majority of employers and companies in Rhode Island. In certain cases, municipal employees are not covered by workers compensation.

House Labor Committee Chairwoman Anastasia Williams will introduce legislation in Rhode Island

“House Labor Committee Chairwoman Anastasia Williams will introduce legislation in Rhode Island which would create a presumption for all frontline workers that their Covid 19 infections are presumed to be work related. A veteran state lawmaker is calling on Gov. Gina Raimondo to issue an executive order requiring that all front-line workers directly affected by coronavirus will have the illness presumed to be a work-related injury…House Labor Committee Chairwoman Anastasia Williams formally made the request on Monday in an email to the governor’s office, including a draft copy of the executive order. She told WPRI 12 she will introduce legislation with the same provisions if the governor does not take action herself….Under Williams’ proposal, the front-line workers category should include public safety personnel, government workers, janitors, public transit employees, grocery staff, retail clerks, truck and freight drivers, among others. Any of those workers who contract, have symptoms of or otherwise become affected with coronavirus shall have their medical condition or incapacity to work presumed to be work-related,” the draft order says. WPRI

“These selfless workers deserve to know that if the worst should happen and they become infected with COVID-19, that we recognize their sacrifice for our greater good, and their infection and recuperation should be deemed work-related,” Williams, D-Providence, said in a statement…In addition, Williams argues that public safety employees who are “incapacitated or unable to perform their duties as a result of the COVID-19 infection or exposure” shall have the time they spend hospitalized or quarantined classified as on-duty time, rather than being required to use paid time off such as sick days or vacation.” WPRI

“State Rep. Evan Shanley, D-Warwick, said he supports Williams’ proposal…Immediate action is required to support these courageous workers by affording them the basic protections afforded to injured workers under the Rhode Island Workers Compensation Act,” Shanley said in a statement. “The least we can do is tell these workers that their medical bills and families will be taken care of in the event they contract COVID-19.” https://www.wpri.com/news/politics-government/rep-classify-covid-19-infections-as-work-related-injuries-for-front-line-employees/

Can a spouse, child or family member file a wrongful death lawsuit against the employer as a result of a Covid 19  infection at work causing a fatality?

  • An employee subject to workers compensation law in RI cannot file a wrongful death lawsuit against their employer.
  • An employee cannot file a wrongful death lawsuit against one of his co-workers who caused him to be infected.

“In all cases where an employer and employee have elected to become subject to the provisions of chapters 29 – 38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.” § 28-29-21. Wrongful death law inapplicable.

Workers with Coronavirus cannot sue their employer seeking pain and suffering

An employee covered under workers compensation insurance cannot file a lawsuit seeking pain and suffering and other damages against their employer in Superior Court. “The right to compensation for an injury under chapters 29 – 38 of this title, and the remedy for an injury granted by those chapters, shall be in lieu of all rights and remedies as to that injury now existing, either at common law or otherwise against an employer, or its directors, officers, agents, or employees; and those rights and remedies shall not accrue to employees entitled to compensation under those chapters while they are in effect, except as otherwise provided in §§ 28-36-10 and 28-36-15.” 28-29-20. Rights in lieu of other rights and remedies.

What types of death benefits are available in workers compensation court to compensate surviving family members, spouse and dependent children?

Sadly, many nurses (RN and LPN), doctors, medical providers, anesthesiologist and nursing home employees died as a result of exposure to patients who had Cornavirus.  Rhode Island General Law§ 28-33-12 sets forth the compensation available to family members from the employer, if a worker dies as a result of Coronavirus which occurred at work.

“(a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee.

(2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child. § 28-33-12″Death benefits payable to dependents” Rhode Island General Law§ 28-33-12

Can the employer blame the victim for contracting Covid 19 and refuse benefits as a result?

If an occupational illness occurred at the workplace, pursuant to RI law 28-29-3, the employer cannot deny comp benefits alleging that the employee did not take proper precautions In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to the employment, or for death resulting from personal injury so sustained, it shall not be a defense:

(1) That the employee was negligent;

(2) That the injury was caused by the negligence of a fellow employee;

(3) That the employee has assumed the risk of the injury. 28-29-3. Defenses abrogated as to injuries in course of employment.

Can a Coronavirus victim’s family, spouse or children file a wrongful death lawsuit against a third party for a work related death?

  • The victims’ survivors, spouse and family member can file a wrongful death lawsuit against third parties who are not their actual employees
  • In order to win a wrongful death lawsuit in Rhode Island for a work related Covid 19 infection against a third party entity, the victims’ family must prove that the third party was negligent.
  • The executor of the estate must retain a Rhode Island wrongful death lawyer.

Reported news stories across the United States:

“A longtime Sonoma County nurse first felt sick in March, starting with a sore throat and stuffy nose, followed by a deep fatigue. Nearly two weeks later, a confirmation: she had contracted COVID-19, the respiratory disease caused by the coronavirus. But where did she get it? At the hospital where she works? Or somewhere else in the community? For her and other health care workers on the front lines, the answers to those questions are critical. They determine whether their treatment is covered by a limited bank of paid sick days and health insurance or by workers’ compensation, an employer-funded system that offers expanded benefits ­— including lost wages, job protection guarantees and death benefits — to workers who are hurt on the job.” North Bay Business journal https://www.northbaybusinessjournal.com/industrynews/healthcare/10902138-181/sick-nurses-must-prove-coronavirus?ref=mostsection

You need to retain a top Rhode Island workers compensation lawyer to represent you in your workers’ comp claim. In the event of a death arising out of employment, contact a top Rhode Island wrongful death lawyer.

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car accidents in RI today

car accidents in RI today

David Slepkows insight:

Many people are seeking info about a car accident in RI today. Car accidents in RI are a common occurrence in every state in the U.S. According to the Association For Safe International Road Travel, 2.35 million people are injured in car accidents in the United States each year. Rhode Island is no exception. Heavy traffic and distracted driving are two common causes of accidents.

car accidents in RI today

Car accidents in Rhode Island today

The following is an overview of accidents by the month, day and time in Rhode Island. If you have been hurt in a car accident in Providence due to another drivers negligence, contact a  Rhode Island personal injury lawyer to learn what options you may have under the law.

Traffic statistic

State traffic statistics lists show the percentage of car accidents in the state of Rhode Island each month:

  • January 6 Percent
  • February 6 Percent
  • March 2 Percent
  • April 8 Percent
  • May 13 Percent
  • June 10 Percent
  • July 8 Percent
  • August 4 Percent
  • September 10 Percent
  • October 8 Percent
  • November 13 Percent
  • December 13 Percent

The highest number of accidents occurred in May, November and December annually.

  • accidents in ri i 95
  • rhode island accident report
  • accidents in ri yesterday
  • ri state police accident log
  • live traffic ri
  • car accidents in ri today
  • accident on 295 in ri today
  • accident on 146 today

Accidents By Days Of The Week

Below are the statistics of traffic accidents resulting in serious injury per days of the week:

  • Sunday 13 Percent
  • Monday 12 Percent
  • Tuesday 8 Percent
  • Wednesday 21 Percent
  • Thursday 19 Percent
  • Friday 13 Percent
  • Saturday 13 Percent

As you can see above, Wednesday is the most dangerous day of the week for those on Rhode Island roads.

Accidents By The Time Of Day

Below are the number of fatal accidents listed by the time of day beginning with the highest percentage:

  • 21 Percent 4 P.M. To 6:59 P.M.
  • 19 Percent 7 P.M. To 9:59 P.M.
  • 15 Percent 10 P.M. To 12:59 A.M.
  • 13 Percent 1 A.M. To 3:59 A.M.
  • 13 Percent 10:00 A.M. To 12:59 P.M.
  • 10 Percent 1 P.M. To 3:59 P.M.
  • 4 Percent 4 A.M. To 6:59 A.M.
  • 4 Percent 7 A.M. To 9:59 A.M.

Accidents in ri yesterday

While it is impossible to predict exactly when accidents will happen, the above shows the trends for serious injuries in Rhode Island. If you or a family member has been injured in a Rhode Island car accident due to a negligent driver, it may benefit you to speak with a personal injury lawyer for advice.

Source: DOT RI 

“Of the 45 fatalities that occurred in Rhode Island in 2015, the majority were motor vehicle occupants, nine were riding motorcycles and eight were pedestrians. Working with the State Police and local law enforcement, educating Rhode Islanders has helped, the Department reports. RIDOT statistics show that roadway fatalities have been on a consistent decline. In 2010 Rhode Island reported 67 fatalities, in 2011 there were 66, and in 2012 another 64 people were killed. Although the state saw a slight increase in 2013 with 65 fatalities, the number of victims was reduced to 51 in 2014.” http://www.ri.gov/press/view/26910

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Rhode Island Car Accident & Injury Articles

Rhode Island Car Accident & Injury Articles | Rhode Island Personal Injury Attorney | Scoop.it
RI personal injury Attorney, David Slepkow 401-437-1100 has authored hundreds of articles concerning negligence and RI car accidents. David was voted as a top 3 lawyer in RI by the Providence Journal Reader's choice awards. Car accident lawyer RI.
David Slepkows insight:
Rhode Island Car Accident Lawyer Articles | Slepkow Law

RI car accident lawyer

The recently published articles below were written by reputable RI car accident lawyer, David Slepkow who explains the different legal aspects of personal injury law and financial compensation. This valuable information provides insight into understanding many legal options to successfully resolve your case while seeking justice and financial compensation for your damages.

RI car accident lawyer  authored articles:

While every personal injury case is unique, there are general answers to common FAQs (frequently asked questions) to help you better understand how to handle your case. This RI Injury Law FAQ article explains what to do if you are involved in an automobile accident. The article explains how to determine the value of your case for compensation and the restrictions of filing your claim or suit based on the Rhode Island statute of limitations. In addition, the article will answer what to do if the individual or entity responsible for your damages has no insurance and how you can still obtain financial compensation for your injuries if you are struck by a hit-and-run driver.

Rhode Island Slip and Fall Accident Cases

Premises liability claims for compensation like those involving slip and fall accidents, community pool drownings, dog bites and retail store liability cases are complex. This article defines premises liability under RI (Rhode Island) law. In addition, the article outlines the most frequently pursued claims for compensation involving slip and fall cases, premises liability lawsuits and personal injuries caused by the negligent disregard of owners and holders of property.

The article details the most common places where slip and fall accidents occur and why property owners are legally liable to pay compensation to the victim. Readers learn valuable information concerning comparative negligence in personal injury cases to determine the level of responsibility of all parties involved in a premise liability lawsuit. website

Personal Injury Vehicle Accidents

This RI Personal Injury Law article provides information on how to determine the true value of a suit or claim filed for compensation after being involved in an accident. The article informs the reader what to bring to an initial consultation to discuss the case including information the attorney will need from the victim to evaluate the claim’s monetary value.

The reader learns why it is necessary to hire an experienced  Rhode Island personal injury attorney.  The article explainsw what will happen during the initial consultation. What to expect if the lawyer negotiates an out of court settlement on their behalf. What happens if a lawyer must take the case to trial. The article also outlines the entire process of filing and resolving a claim or lawsuit for compensation and how much upfront money is required to pay an attorney to handle the case.

Is My Previous Negligence Attorney Compensated If I Hire a New RI Vehicle Accident Attorney?

In many cases, personal injury victims will hire a new attorney to replace a previous attorney who provided unsatisfactory results. By law, the prior RI car accident attorney is required to turn the entire legal file over to the new law firm. This article explains how the previous Rhode Island personal injury attorney will be paid for their legal services provided before they were terminated and the types of compensation cases that are handled on contingency. The article informs readers of what happens if the prior car accident attorney in RI and the new Providence car crash lawyer cannot reach an agreement on how to adequately divide legal fees.

RI car accident lawyer

The moments following a Rhode Island car accident tend to be confusing, overwhelming and uncertain. If you suffered injuries and damages, you are likely wondering what steps to take to heal completely and receive compensation for your losses. It is crucial that you retain a Rhode Island personal injury attorney. A car accident lawyer in RI will help you get the compensation and justice that you deserve.

Should you take photographs of the accident scene or express your opinions as to what happened? The following do’s and don’ts are listed below to ensure you protect your rights for compensation. They include:

• Don’t Wait to Receive Medical Care after an accident

–If you believe you were injured IN ANY WAY in a car, truck or motorcycle accident then seek immediate medical attention. This is because the adrenaline rush and heightened experience of being involved in an accident can easily mask serious internal harm, even if nothing externally seems to be broken, cut or injured. If you, or anyone else at the accident scene, are suffering from injuries, call 911 immediately.

• Do Call the Police Right Away

– It is crucial to your case for compensation to have the accident formally documented. Law enforcement will gather facts, speak to eyewitnesses and file a report that can be used for legal purposes. Not calling the police can make it significantly harder when you are left with your word against what is said by others.

• Do Exchange Pertinent Information – It is crucial to gather as much information about other parties involved in the accident including their names, phone number and addresses. If the RI car accident involves another vehicle, be sure to collect the license plate number, driver’s insurance information, insurance coverage information and the other vehicle’s make, model and year along with the driver’s license numbers and registration of the other parties.

• Do Remain at the Scene and take pictures– Leaving the accident scene before police and emergency services arrive might make it appear as though you are a hit-and-run offender. Additionally, it is important that the other vehicle remain at the scene until the police arrive. This is because accident victims often given false information and bogus insurance numbers. It is crucial that you take pictures of the scene of the RI motor vehicle wreck and all automobiles involved.

• Don’t Panic and Keep Quiet – Taking a deep breath and remain calm.  This will help keep your mind clear and make it easier to remember to remain quiet with the others involved in the accident as to exactly what happened.

• Don’t Sign Any Documents – Within a day or two after the accident, claims adjusters working for insurance companies will begin the process of resolving your case by offering you a low settlement amount. In many cases, the inadequate offered settlement is too low to pay for your medical expenses, lost time away from work, the inability to work in the future, damaged vehicle repairs and intangible damages including pain and suffering. Do not sign anything or accept anything until you have retained a personal injury lawyer in RI.

• Do call a  Rhode Island Personal Lawyer – The sooner you consult with a RI car accident attorney, the quicker investigators can gather valuable evidence necessary to support your claim for financial compensation. Additionally, all claims for compensation must be filed before the state statute of limitations expires.

• Don’t Wait to Get Legal Advice – If you wait too long to obtain legal advice, counsel and representation, it may be extremely challenging to prove your case to hold responsible parties financially accountable for the injuries, losses and damages they have caused.

Following the do’s and don’ts above can ensure that your rights are protected. Reputable Providence auto accident lawyers or Rhode Island car accident attorneys handle these vehicle car accident injury cases on contingency where their fees are only paid out of a successful trial award or through a negotiated out-of-court settlement.

“A statistical projection of traffic fatalities for 2015 shows that an estimated 35,200 people died in motor vehicle traffic crashes. This represents an increase of about 7.7 percent as compared to the 32,675 fatalities that were reported to have occurred in 2014, as shown in Table 1. If these projections are realized, fatalities will be at the highest level since 2008, when 37,423 fatalities were reported. Preliminary data reported by the Federal Highway Administration (FHWA) shows that vehicle miles traveled (VMT) in 2015 increased by about 107.2 billion miles, or about a 3.5-percent increase. Also shown in Table 1 are the fatality rates per 100 million VMT, by quarter.” U.S. Department of Transportation,  National Highway Traffic Safety Administration : TRAFFIC SAFETY FACTS- Crash • Stats , Early Estimate of Motor Vehicle Traffic Fatalities in 2015

Statistics and Citations:

“According to the Centers for Disease Control, accidents (unintentional injuries) are the 5th leading cause of death in the United States. Transportation accidents account for 31.9 percent of the accidental deaths reported in 2010.  Motor vehicle accidents or highway fatalities are responsible for the largest share, accounting for 93 percent of transportation-related deaths. 3 However, motor vehicle crashes have been trending downward, decreasing by 20.2 percent over the past 10 years, which has resulted in fewer motor vehicle fatalities and injuries.4 Many safety factors, including the safety measures, have contributed to this decline. United States Department of Transportation (DOT), Office of  the assistant Secretary for Research and Technology 

Legal Notice per the RI Rules of Professional Responsibility:

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 truck accident, motorcycle crash, pedestrian injury and other accident causes of action are referred to other attorneys for principle responsibility.

 

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Hernia mesh mess | Bard Davol hernia mesh lawsuit update & timeline -

Hernia mesh mess | Bard Davol hernia mesh lawsuit update & timeline - | Rhode Island Personal Injury Attorney | Scoop.it
Complications from defective hernia mesh? Contact a hernia mesh lawyer to get justice and compensation (401) 648-3580. Bard / Davol hernia mesh timeline Will there be a Bard Hernia mesh settlement 2018? Hernia mesh lawsuit
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PHYSIOMESH Hernia Mesh lawsuit: Say it ain't so FDA!

PHYSIOMESH Hernia Mesh lawsuit: Say it ain't so FDA! | Rhode Island Personal Injury Attorney | Scoop.it
Suffered complications as a result of defective hernia mesh? CALL for a free hernia mesh lawsuit consultation | Individual lawsuits in federal Court
David Slepkows insight:

Physiomesh hernia mesh lawsuit. ETHICON PHYSIOMESH™ is Flexible Composite Mesh manufactured by Johnson and Johnson’s  (NYSE: JNJ)  subsidiary Ethicon. Physiomesh is made of non-absorbable polypropylene. Physiomesh flexible composite mesh was never recalled in United States markets. On May 26, 2016 Ethicon initiated a medical device removal (voluntary withdrawal) of physiomesh from US markets. There are now hundreds of physiomesh lawsuits pending in Federal Court as multidistrict litigation in the Northern District of Georgia before the Honorable Justice Story. There has been no reported Physiomesh hernia mesh settlements. This post constitutes an ethicon mesh lawsuit update

PHYSIOMESH UPDATE

  • On July 17, 2018 the Supreme Court of New Jersey designated all pending and future New Jersey state court actions against Ethicon Inc. and Johnson and Johnson related to Physiomesh Flexible Composite Mesh are centralized for management by the Superior Court in Atlantic County.  https://www.njcourts.gov/attorneys/assets/mcl/physiomesh/orders/cmo1.pdf?cacheID=NVIdMru  The case Name is: “IN RE: Physiomesh Litigation (Flexible Composite Mesh) Superior Court of New Jersey Law Division: Atlantic County.” Case NO: 627 This state consolidated proceeding is an addition to the Federal Court consolidated Physiomesh MDL presently consolidated in Federal court in Georgia. See below for more info.

PHYSIOMESH HERNIA MESH LAWSUIT

If a victim wants to pursue a physiomesh lawsuit, he or she should reach out to the best hernia mesh law firm in the United States. There are no Physiomesh class actions in the United States. There is a Physiomesh class action pending in Canada for Canadian Physiomesh victims. Surspisingly, there was no physiomesh recall in the United States.  Many victims are incredulous and angry that ethicon physiomesh  was not recalled in the United States markets. Ethicon and Johnson and Johnson was able to figuratively rob the bank by issuing a medical device removal rather than a hernia mesh recall.

Please contact us for a case review of your hernia mesh lawsuit. Will there be a Physiomesh lawsuit settlement 2018?  What will the average Physiomesh settlement be? Physiomesh mesh lawsuit.

Physiomesh hernia mesh lawsuit | Physiomesh hernia mesh lawsuit

PHYSIOMESH

If you or a friend or family member have suffered complications resulting from a hernia repair procedure, you should carefully read this pertinent informational article concerning defective hernia mesh and hernia mesh lawsuits. There is no need to suffer the devastating complications of this mesh in silence. If you are suffering as a result of PHYSIOMESH™ hernia mesh, please speak up and retain a top hernia mesh lawsuit law firm.

PHYSIOMESH LAWSUIT UPDATE 2018 | ETHICON MESH LAWSUIT UPDATE

“As of May 2018, there were 872 Ethicon Physiomesh lawsuits in federal court” Drug watch

“A Georgia court issued the order May 29, 2018. It sets rules to preserve and store Physiomesh hernia mesh for trial. The order gives new guidance for the hundreds of people suing Ethicon over Physiomesh… The order requires people to tell their surgeons to preserve both hernia mesh and tissue. Hernia mesh lawyers will arrange to send all samples to a company called Steelgate Inc. It is a biomedical storage and management company in Florida.” Id.

PHYSIOMESH LAWSUIT ATTORNEY | PHYSIOMESH HERNIA MESH LAWSUIT

 An Ethicon Physiomesh lawsuit attorney can help you get the compensation that you deserve as a result of the allegedly defective hernia mesh. A Physiomesh hernia mesh lawyer can also help you get a sense of justice. Perhaps just as significant, a Physiomesh law firm can hold Johnson and Johnson and Ethicon accountable for their alleged misdeeds so this wrong does not occur to other victims. Many victims are asking questions such as: “What is Physiomesh made of?” and “What are physiomesh complications?”
 

If you or a loved one have suffered complications from ETHICON PHYSIOMESH™ Flexible Composite Mesh, it is imperative that you become informed about the history of this medical device. You also should become informed about the the status of the complex litigation in Federal District Court in the United States legal system. see also, ETHICON’S ATTORNEYS “JUDGE SHOP” FOR FAVORABLE FORUM TO AVOID PHYSIOMESH LIABILITY

RECENT CASE HISTORY OF ETHICON PHYSIOMESH™ MULTI DISTRICT LITIGATION (MDL)

  • There was a case management conference in the mdl on August 1st 2017 and an order entered. The Federal Court ordered in pertinent part that: “Proposed Counsel Organizational Structure” (Doc. 192) is granted. Any additional applications for membership in the Plaintiffs’ Steering Committee shall be filed with the Court by not later than August 8, 2017″)
  • The Honorable Justice Richard Story of the Northern District of Georgia issued a PRACTICE AND PROCEDURE ORDER AND NOTICE OF INITIAL CONFERENCE  Justice Story scheduled a case management conference for August 1st 2017. Here is the 411 for the conference: August 1, 2017, at 2:00PM in Courtroom 2105, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303. “(c) Preliminary Reports. Counsel will submit to the Court by July 25, 2017, a brief consolidated  written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. Counsel should include in these statements a list of all pending motions and a list of all related cases pending in state or federal courts and their current status, to the extent known. The statements should be sent to the Courtroom Deputy Clerk, Ms. Stacey Kemp (email omitted) These statements will not be filed with the Clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in later proceedings.”)
  • Update 6/2/17 |  physiomesh mdl:  The Panel on Multi District Litigation ordered that “IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Northern District of Georgia are transferred to the Northern District of Georgia and, with the consent of that court, assigned to the Honorable Richard W. Story for coordinated or consolidated pretrial proceedings.  Transfer order)
  •  Update 4/15/18 | physiomesh mdl Georgia: “In the Court’s recent Practice and Procedure Order No. 7, the Court established the following timeline for the litigation:
    • By May 15, 2018, twenty-four (24) cases will be selected by the parties for the “Initial Discovery Pool” (12 selected by plaintiffs and 12 selected by the defense). The 24 cases will be subject to case-specific factual discovery after the exchange of fact sheets.
    • On June 22, 2018, an additional 10 cases will be selected for the Initial Discovery Pool.
    • By December 1, 2018, the parties will select 10 cases from the Initial Discovery Pool for expert discovery (“Trial Pool Cases”).
    • By May 15, 2019, the Court will determine the manner of trial, the order of selection of plaintiffs for trial, and timing of the trials (“Trial Cases”).
  • Physiomesh hernia mesh lawsuit update 3/12/18- Judge Story issues PRACTICE AND PROCEDURE ORDER NO. 8
    RECORDS COLLECTION

Ethicon’s lawyers shop for federal judges for Physiomesh hernia mesh claims

Physiomesh hernia mesh lawsuit attorneys 2018

WHAT IS ETHICON PHYSIOMESH™ FLEXIBLE COMPOSITE MESH?

The focus of this hernia mesh liability article is definitely ETHICON PHYSIOMESH™.  ETHICON PHYSIOMESH™ is Flexible Composite Mesh manufactured by Johnson and Johnson’s (NYSE: JNJ) subsidiary Ethicon. Ethicon Physiomesh™ is made of non-absorbable polypropylene. “ETHICON PHYSIOMESH™, Flexible Composite Mesh, is a sterile, low profile, flexible composite mesh designed for the repair of hernias and other fascial deficiencies. The mesh product is composed of a nonabsorbable, macroporous polypropylene mesh laminated between two undyed polyglecaprone-25 films. An undyed polydioxanone film provides the bond between the polyglecaprone-25 film and polypropylene mesh. The polypropylene component is constructed of knitted filaments of extruded polypropylene. An additional dyed polydioxanone film marker has been added for orientation purposes.” 510 (K) summary for Ethicon 

According to Ethicon propaganda, “Physiomesh™ may be used for the repair of hernias and other fascial deficiencies that require the addition of a reinforcing or bridging material to obtain the desired surgical result.” More information

HOLDING ETHICON ACCOUNTABLE FOR PHYSIOMESH™

If you suffered through revision surgery or suffered pain and suffering caused by defective hernia mesh, you should consult with a high powered, deep pocket hernia mesh litigation attorney. If you have suffered through hernia recurrence after the surgical implantation of Physiomesh™ you need to find out whether you qualify to receive compensation and damages in Federal District Court utilizing the best hernia mesh lawsuit lawyers.

TYPES OF HERNIA MESH CLAIMS WE ARE REVIEWING AGAINST ETHICON AND JOHNSON AND JOHNSON:

Many victims are unaware that there are hernia mesh lawsuits against Ethicon related to other types of hernia mesh manufactured by Ethicon. We are reviewing the following types of surgical mesh lawsuits on behalf of victims:

Physiomesh ( Physiomesh mesh lawsuit)

THOUSANDS OF POTENTIAL PHYSIOMESH ™ VICTIMS ACROSS THE UNITED STATES AND CANADA

If you are a victim in Canada, you may want to become informed as to whether the United States Federal Courts are a more hospitable and lucrative forum to seek damages against Johnson and Johnson and it’s subsidiary Ethicon. If ETHICON PHYSIOMESH™ has caused you and your family suffering and misery, you need to be informed of your legal option to get justice and hold Ethicon responsible.”

SCIENTIFIC STUDIES RELATED TO ETHICON PHYSIOMESH™

Tissue Integration and Inflammatory Reaction in Full-Thickness Abdominal Wall Repair Using an Innovative Composite Mesh |  Outcomes of Bridging Versus Mesh Augmentation in Laparoscopic Repair of Small and Medium Midline Ventral Hernias | Comparison of Two Different Concepts of Mesh and Fixation Technique in Laparoscopic Ventral Hernia Repair: A Randomized Controlled Trial | Long-Term Evaluation of Adhesion Formation and Foreign Body Response to Three New Meshes | Biaxial Analysis of Synthetic Scaffolds for Hernia Repair Demonstrates Variability in Mechanical Anisotropy, Non-Linearity and Hysteresis | Ventralight ST and SorbaFix Versus Physiomesh and Securestrap in a Porcine Model

WHAT TYPES OF INFORMATION ARE PHYSIOMESH™ VICTIMS SEARCHING FOR?

Many victims are searching google to determine Physiomesh symptoms and complications as well as determining what is physiomesh made of? It is surprising to many victims that there was no Physiomesh recall 2016 but instead  the mesh was voluntarily removed fromt he United States marketplace.There was a physiomesh recall in Canada.

WHAT DO I NEED TO KNOW BEFORE I FILE AN ETHICON PHYSIOMESH LAWSUIT?

Victims are desperately searching online for the following: “Average settlement for Physiomesh surgical mesh settlement” and “ethicon mesh lawsuit update.” Even if you contact the best hernia mesh law firm in the United States to represent you in a physiomesh mesh lawsuit, they will not be able to inform you of the average settlement for a Physiomesh hernia mesh lawsuit. This is because there have been no reported Physiomesh settements 2018 and no reported Ethicon Physiomesh mesh settlements 2019.

* Physiomesh was not technically recalled in 2016 by the FDA, pursuant to FDA regulations. Ethicon voluntarily withdrew it from the marketplace in the United States. Nonetheless, Ethicon Physiomesh flexible composite mesh was recalled in Canada and other countries.

WHY GET PEANUTS IN CANADIAN COURTS IF YOU COULD POSSIBLY SECURE A LUCRATIVE SIX OR SEVEN FIGURE SETTLEMENT OR JUDGMENT IN THE US COURTS?

Physiomesh hernia mesh settlement 2018

Victims from Toronto, Montreal, Vancouver, Ottawa, and other bustling urban areas in Canada such as Calgary, Edmonton, Quebec City, Winnipeg and Hamilton may find the information set forth in this expose helpful in making informed choices. The relative pros and cons of victims utilizing the Canadian or American Courts to get justice, accountability and compensation resulting from defective hernia mesh is beyond the scope of the article.

Victims need to know that lawsuits in Canada appear to be a “class action”. Whereas the victims in the United states have filed potentially more lucrative individual lawsuits seeking compensation. This legal article authored by an attorney focuses on obtaining compensation in the United States legal system. We are not Canadian attorneys, so we cannot comment on how the Canadian legal system operates.

ETHICON PHYSIOMESH ™ | HERNIA MESH INDIVIDUAL LAWSUIT ATTORNEY

According to Ethicon’s corporate counsel, “For many years, surgeons have repaired inguinal, ventral, and umbilical hernias (the exit of an organ through the wall of the cavity in which it resides) using devices containing mesh. The mesh in many of these devices is made from sterile, polypropylene-based materials. Depending on the surgeon’s repair technique, the mesh is typically placed either under or over the hernia and held in place utilizing one of several methods. The mesh acts as “scaffolding” for new growth of the patient’s own tissue, which eventually incorporates the mesh into the surrounding area to provide the needed support. ”  DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFFS’ MOTION FOR TRANSFER PURSUANT TO 28 U.S.C. § 1407 William M. Gage MS Bar No. 8691 Butler Snow LLP 1020 Highland Colony Pkwy, Suite 1400 Ridgeland, MS 39

WHAT TYPES OF HERNIA MESH DEVICES ARE WE REVIEWING FOR AGGRIEVED VICTIMS:

We are reviewing potential cases of defective hernia mesh, made of non-absorbable polypropylene that may have caused injuries as well as pain and suffering, including:

  • Ethicon Physiomesh™ lawsuit
  • Atrium C-QUR
  • Composix® Kugel® mesh patches (manufactured by C.R. Bard subsidiary Davol)
  • All C.R. Bard mesh patches made of Marlex polypropylene

High powered national litigation attorneys are reviewing potential cases of defective hernia mesh, made of non-absorbable polypropylene that may have caused injuries.

OTHER DEFECTIVE HERNIA MESH DEVICES MADE OF NON-ABSORBABLE POLYPROPYLENE ARE BEYOND SCOPE OF ARTICLE

Future informational articles on this product liability law blog will address other hernia mesh devices, in which litigation is pending, also made of  non-absorbable polypropylene such as Atrium C-QUR, Composix® Kugel® mesh patches (manufactured by C.R. Bard subsidiary Davol),  and  C.R. Bard mesh patches made of Marlex polypropylene.

HOW DID JOHNSON AND JOHNSON GET ETHICON PHYSIOMESH™ APPROVED BY THE FDA?

Ethicon was first introduced in 2010 into the hernia mesh medical device marketplace. Ethicon fast tracked Physiomesh™ using the controversial FDA 510 (k) premarket approval process. 2010 510(k) summary This 510 (k) premarket approval application was submitted by Ethicon on March 18, 2010 to the FDA.

ETHICON EVADES FDA CLINICAL TRIALS WITH ILL-FATED, CONTROVERSIAL LEGAL MANEUVER!

“Physiomesh™ was marketed after clearance under the FDA’s 510(k) process in April 2010, which does not require clinical trials for safety and efficacy.” MeshNews desk  In that 510k process, Ethicon asserted that ETHICON Physiomesh™  is substantially equivalent to: PROCEED Mesh,   ULTRAPRO® Hernia System and ULTRAPRO® Mesh. Id.

ETHICON’S CORPORATE ATTORNEY DESCRIPTION OF THE FDA APPROVAL PROCESS FOR ETHICON PHYSIOMESH™

Ethicon’s corporate counsel, in Federal Court, gave a detailed description of how ETHICON Physiomesh™ was approved: “In December 2009, Ethicon submitted to the United States Food and Drug Administration (“FDA”) a Section 510(k) premarket notification of its intent to market PHYSIOMESH. By a letter dated April 9, 2010, FDA cleared Physiomesh™ as a Class II prescription device on the basis that it was at least as safe and effective as—that is, substantially equivalent to—Ethicon’s PROCEED Mesh, ULTRAPRO Mesh, and ULTRAPRO Hernia System, all of which had been previously cleared by FDA under the 510(k) process. Thereafter, Ethicon began marketing Physiomesh™ to surgeons. Ethicon decided to withdraw Physiomesh™ from the global market in May 2016.”  DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFFS’ MOTION FOR TRANSFER PURSUANT TO 28 U.S.C. § 1407 

FDA DETERMINATION IN 2010

The FDA determined that “ETHICON PHYSIOMESH, Flexible Composite Mesh met all testing criteria, demonstrated substantial equivalence to its predicate devices and did not raise any new questions of safety or effectiveness.”  Approval letter from FDA to Ethicon dated April 9, 2010 

THE FDA’S DECISION  IN 2010 WAS THAT THE DEVICE ETHICON PHYSIOMESH WAS “SUBSTANTIALLY EQUIVALENT (SESE)” TO PREVIOUS ETHICON HERNIA MESH PRODUCTS.

On April 9th, 2010, the DEPARTMENT OF HEALTH & HUMAN SERVICES, food and drug administration (FDA) approved Ethicon’s pre-market notification. “We have reviewed your Section 5 10(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce…” Id.

SURGEONS BEGIN IMPLANTING DEVICE

Surgeons across the United States, Canada and the world implanted Ethicon Physiomesh™ into patients to repair hernias.  Physiomesh™ was voluntarily removed from the United States Market on May 26th, 2016.

WHAT WAS THE FDA’S RATIONALE FOR APPROVING ETHICON PHYSIOMESH™

Ethicon evaded FDA scrutiny using a  90 day 501k premarket notification process. Ethicon now asserts that they performed animal testing. Did Ethicon figuratively play judge and jury  as to its determination that Physiomesh™ was safe for the marketplace? If they did this, it is unfortunate since Ethicon is not unbiased and had a substantial profit motive to get the device to the market.

WHAT DO ETHICON’S LAWYERS SAY ABOUT ETHICON’S TESTING PROCESS OF PHYSIOMESH™ ?

Ethicon has retained some of the best product liability defense lawyers in the United states. These product liability attorneys will in all likelihood argue that Physiomesh™  is not defective and that Physiomesh™ did not cause injury or complications to particular victims.

These top hernia mesh defense attorneys asserted in Federal Court that: “ETHICON PHYSIOMESH, Flexible Composite Mesh underwent a comprehensive bench, and animal testing program and passed all intended criteria in accordance with appropriate test protocols and standards. During bench testing the device was subject to testing such as device thickness, pore size, burst strength, device weight, tensile strength, device stiffness, suture pullout strength, burst strength and tear resistance. Additionally, invitro and in-vivo testing was provided showing that the device performed as intended.  https://www.accessdata.fda.gov/cdrh_docs/pdf9/k093932.pdf

WHAT EXACTLY IS A 510(K)?

“Section 510(k) of the Food, Drug and Cosmetic Act requires device manufacturers who must register, to notify FDA of their intent to market a medical device at least 90 days in advance. This is known as Premarket Notification – also called PMN or 510(k). This allows FDA to determine whether the device is equivalent to a device already placed into one of the three classification categories. Thus, “new” devices (not in commercial distribution prior to May 28, 1976) that have not been classified can be properly identified. Specifically, medical device manufacturers are required to submit a premarket notification if they intend to introduce a device into commercial distribution for the first time or reintroduce a device that will be significantly changed or modified to the extent that its safety or effectiveness could be affected. Such change or modification could relate to the design, material, chemical composition, energy source, manufacturing process, or intended use.” 510 (k) clearances under FDA

DID ETHICON ACT APPROPRIATELY BY UTILIZING A CONTROVERSIAL FDA FAST TRACK PROGRAM TO GET ETHICON PHYSIOMESH™ APPROVED?

If Johnson and Johnson’s corporate subsidiary had gone through rigorous drug testing protocol for ETHICON PHYSIOMESH™ from the FDA, it is possible that this device may have never been approved by the FDA for surgical use! This may have prevented all of the issues that confront Ethicon PHYSIOMESH™.

Ethicon got PHYSIOMESH™ approved by going through the expedited  90 day 501 (k) premarket FDA  approval process rather than the normal FDA protocol for new medical devices.

ETHICON’S MARKET REMOVAL FROM THE UNITED STATES

On May 26th 2016, Ethicon issued an “urgent” field safety notice concerning  ETHICON PHYSIOMESH™ Flexible Composite Mesh (All Product Codes). These product codes are: PHY0715R, PHY1015V, PHY1515Q, PHY1520R, PHY1520V, PHY2025V, PHY2030R, PHY2535V, PHY3035R, PHY3050R. It cannot be stated enough that there was no  physiomesh recall in The United States.

In that notice Ethicon declared: “We have initiated a worldwide medical device removal of ETHICON PHYSIOMESH™ Flexible Composite Mesh (for laparoscopic use) (“ETHICON PHYSIOMESH™ Composite Mesh”). We are removing the product following an analysis conducted at the request of the Ethicon Medical Safety Team of unpublished data from two (2) large independent hernia registries (Herniamed German Registry and Danish Hernia DatabaseDHDB). The recurrence/reoperation rates (respectively) after laparoscopic ventral hernia repair using ETHICON PHYSIOMESH™ Composite Mesh were higher than the average rates of the comparator set of meshes among patients in these registries. HSA 

WERE ETHICONS’ MEDICAL DEVICE REMOVAL ACTIONS IN THE UNITED STATES A RECALL?

No. Technically under FDA regulations, Ethicon’s actions did not constitute a recall. But as far as victims are concerned it probably makes no difference. In some other countries, Ethicon recalled PHYSIOMESH™.

HOW MANY PEOPLE ARE VICTIMS OF ETHICON PHYSIOMESH?

According to Drug Watch, “Ethicon sold about 330,000  Physiomesh™  hernia mesh implants worldwide. It sold about 50 percent of those products in the U.S., according to the Plaintiffs in Federal court.. Ethicon voluntarily pulled the mesh from the market in May 2016 after it found higher rates of re-operation and hernia recurrence.” More Here

HOW MANY CASES WERE PENDING IN FEDERAL COURT IN MAY OF 2017 | PHYSIOMESH HERNIA MESH LAWSUIT

According to Ethicon’s hernia mesh lawyers, “At present, there appear to be 37 cases pending in various federal district courts in which the plaintiffs are alleged to have sustained various complications and/or injuries as a consequence of PHYSIOMESH. ” (May 2017) https://i3jl420on823u34pi27m8yq1-wpengine.netdna-ssl.com/wp-content/uploads/2017-04-13-Response.pdf

WHAT IS THE STATUS OF PHYSIOMESH HERNIA MESH LAWSUITS IN THE UNITED STATES FEDERAL COURTS?

Ethicon Physiomesh™ litigation is pending in Federal Court against Johnson and Johnson and their subsidiary Ethicon. As of May 2017 there are 37 cases pending before the Judicial Panel on multidistrict litigation (MDL). These cases are now termed: Multidistrict litigation Case MDL No.2782, “In re Ethicon Physiomesh Flexible composite Hernia Mesh Products Liability Litigation”

PHYSIOMESH MESH LAWSUIT: PLAINTIFF’S ARGUE THAT ETHICON IS NOT SAFE

The hernia mesh lawyers for the plaintiffs set forth legal arguments claiming that Physiomesh™ devices, “were defectively designed” and “failed to provide appropriate warnings” resulting in the Defendant’s “voluntarily withdrew the Physiomesh™ device from the market.” BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR TRANSFER TO THE MIDDLE DISTRICT OF FLORIDA, OR IN THE ALTERNATIVE TO THE SOUTHERN DISTRICT OF ILLINOIS, PURSUANT TO 28 U.S.C. § 1407  – Details here

PLAINTIFF’S REQUEST TO CONSOLIDATE ALL PHYSIOMESH HERNIA MESH LAWSUITS FILED IN FEDERAL DISTRICT COURTS TO THE MIDDLE DISTRICT OF FLORIDA

The hernia mesh victim’s attorneys are asserting that all Ethicon Physiomesh™ claims should be consolidated, heard and decided before one court and one justice in the United States District Court, Middle District of Florida. Id.  Among other arguments, The Plaintiff’s counsel argue that the first physiomesh™ causes of action was filed in that district. The deep pocketed Plaintiff’s attorneys also argue that the most amount of Physiomesh™ claims are pending before the US Middle District of Florida. Id.

ETHICON’S CORPORATE COUNSEL OPPOSE PHYSIOMESH LAWSUIT TRANSFER MOTION AND STATE FOLLOWING:

Ethicon’s high powered lawyers opposed the victims motion to transfer. “Johnson & Johnson and subsidiary Ethicon Inc. on April 13 opposed a motion by nine plaintiffs to centralize federal lawsuits alleging injury from the Physiomesh™ Flexible Composite hernia patch (In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL Docket No. 2782, JPMDL).”  Lexis legal news

ETHICON’S LAWYERS APPEARS TO WANT TO CHALLENGE WHETHER PHYSIOMESH™ CAUSED EACH INJURY FOR EACH VICTIM

“Centralization is not warranted because individualized factual inquiries predominate over common issues. ” DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFFS’ MOTION FOR TRANSFER PURSUANT TO 28 U.S.C. § 1407  – Source “Moreover, the fundamental question of whether a defect in the design and/or warnings of PHYSIOMESH caused each of the plaintiffs’ purported injuries requires an individualized determination unsuitable for centralized supervision.” Id.

ETHICON’S PHYSIOMESH LAWSUIT ATTORNEYS APPARENT LEGAL STRATEGY: OTHER FACTORS MAY HAVE CAUSED INJURIES SUCH AS OBESITY, AGE OR MEDICAL HISTORY

In Ethicon’s memorandum, Ethicon’s lawyers state: “For instance, each of the claimed conditions, including recurrence, has many different accepted potential causes (e.g., surgical technique) and different risk factors (e.g., medical history, concomitant injuries, obesity, smoking, age, genetics, size of hernia, infections, and chronic cough) that could independently explain the patient’s alleged injuries. The Panel has denied centralization in such instances where there are “differences in the health risks alleged.” Id.

APPARENTLY, ETHICON’S LAWYERS ARE TRYING TO FIND A MORE FAVORABLE VENUE FOR THESE CAUSES OF ACTION

Ethicon’s hernia mesh attorneys argue that: “Should the Panel determine that centralization is appropriate, the Panel should assign the MDL to one of several experienced MDL judges in the District of New Jersey, or alternatively, in the Eastern District of Kentucky or the Northern District of Georgia. The Panel should reject Plaintiffs’ venue requests of the Middle District of Florida or the Southern District of Illinois. “Id.

WHAT IS THE STATUS OF LITIGATION IN CANADA?

According to CTV News, as many as 30,000 Canadians may have received Physiomesh™  Flexible Composite Mesh during hernia repair surgery. – See more here

CANADA CLASS ACTION | PHYSIOMESH CLASS ACTION

“Some Canadian hernia surgery patients have launched a class-action lawsuit against the maker of a now-recalled surgical mesh, claiming they weren’t warned of its dangers….In June 2016, Health Canada issued a recall for Physiomesh after the manufacturers learned that the recurrence and reoperation rates after hernia repair using the mesh were higher than the average rates of other meshes” CTV

“Ethicon is recalling the product following an analysis of unpublished data from two large independent hernia registries. Recurrence/reoperation rates (respectively) after Laparoscopic Ventral Hernia Repair using ETHICON PHYSIOMESH Flexible Composite Mesh were higher than the average rates of the comparator set of meshes among patients in these registries. Ethicon is unable at this time to characterize all factors contributing to higher rates and is, therefore, removing the product from the global market.” http://healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2016/58846r-eng.php

WHAT IS  ETHICON PHYSIOMESH™ OPEN FLEXIBLE COMPOSITE MESH DEVICE AND HAS THAT PRODUCT BEEN RECALLED?

On 6/12/14 the United States Food and Drg Administration (FDA) received a 510k application (K141560) for Physiomesh open. The FDA issued a decision on 10/23/14  The decision stated, “You may, therefore, market the device, subject to the general controls provisions of the Act… We remind you; however, that device labeling must be truthful and not misleading.”

Trade/Device Name: ETHICON PHYSIOMESH™ Open Flexible Composite Mesh

“Ethicon gave the Physiomesh Open about half a year to gain market traction before they finally decided to “voluntarily withdraw” the regular Physiomesh from the market.” Hollis law firm https://hollislawfirm.com/case/hernia-mesh-lawsuit/ethicon-physiomesh-hernia-mesh-lawsuit/

ETHICON PHYSIOMESH™ Open Flexible Composite Mesh has not been recalled or removed from the market.

WHAT ARE COMPLICATIONS OF HERNIA MESH:

When complications from hernia mesh repairs do occur, they can be severe and potentially life-threatening. Hernia mesh side effects may include:

  • Pain
  • Swelling
  • Adhesions
  • Obstructions
  • Mesh migration
  • Bacterial infections
  • Hernia recurrence
  • Additional surgeries to treat hernia recurrence

SOME COMPLICATIONS MAY BE SO SEVERE THAT THEY MAY EVEN LEAD TO DEATH

“with or without mesh—are 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), and a hole in neighboring tissues or organs (perforation).” FDA

WHAT IS PHYSIOMESH MADE OF?

Ethicon Physiomesh is composed of polypropylene and is utilized for hernia repair. Physiomesh hernia repair was a serious matter causing victims serious side effects and Physiomesh complications. Physiomesh settlement amounts in the future are not known at this time. Will there be a physiomesh hernia mesh settlement 2018? Will there be a physiomesh hernia mesh settlement 2019?

IS THERE A PHYSIOMESH CLASS ACTION?

No. The Physiomesh lawsuits are not a Physiomesh class action. The Ethicon Physiomesh lawsuits in Federal Courts are consolidated into a Federal Court multidistrict litigation pending in Georgia.

ARE THESE  HERNIA MESH LAWSUITS CLASS ACTIONS OR INDIVIDUAL LAWSUITS?

In the United States, these lawsuits are individual lawsuits, not a class action. If you file a Physiomesh lawsuit, as a result of physiomesh complications, physiomesh symptoms and ethicon physiomesh problem, it will not be part of a class action. A class action in the United States is: “One or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.” Rule 23 of the Federal Rules of Civil procedure

Victims will not find any information about a physiomesh recall when they search the following: ethicon physiomesh recall fda.

SHERI ANNE JAMES AND ALFRED GEORGE JAMES PLAINTIFFS V. JOHNSON & JOHNSON AND ETHICON, INC., DEFENDANTS

On June 30th, 2017 Sheri James and Alfred James filed a hernia mesh lawsuit against Ethicon, Inc. and Johnson and Johnson as a result of allegedly defective Physiomesh impanted into Sheri’s body.  This mesh lawsuit was filed IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA ,JACKSONVILLE DIVISION.

According to the complaint, “Plaintiff, Sheri James, was implanted with a 15 x 25 cm Physiomesh device (PHY2325V, Lot DH5CJWAG) during a procedure to repair a massive multiple anterior abdominal wall recurrent incisional ventral hernia at Memorial Hospital on or about May 9, 2012. This operation included a laparotomy with adhesiolysis and reduction of incarcerated small bowel and omentum, and resection of multiple hernia sacs and previously placed failed synthetic mesh.” Sheri James hernia Mesh lawsuit

SHERI JAMES’ MESH LAWSUIT FURTHER ALLEGED THE FOLLOWING INJURIES AND MEDICAL PROCEDURES:

  • “Plaintiff experienced pelvic pain, urinary frequency, and a fistula was confirmed
    by cystoscopy. On or about December 10, 2012, Plaintiff underwent a procedure of over 3 hours
    in duration at St. Vincent’s Medical Center Southside, which included laparoscopic lysis of
    adhesions, laparoscopic removal of bladder from hernia and abdominal wall, and mesh repair of
    the abdominal wall hernia. A 10 x 15 cm Physiomesh device (PHY1015V, Lot EA8KPQA0)
    was used to repair the hernia.” Id.
  • “On or about July 17, 2013, Plaintiff Sheri James underwent an open repair of
    recurrent incisional hernia with mesh and bladder repair. Some of the previously-placed
    Physiomesh was explanted during this procedure.” Id.
  • “Since the failure of Defendants’ Physiomesh implants, Plaintiff has suffered and
    been treated for additional pain, hernia recurrence and additional adhesion and scarification
    which may require additional surgery to repair.” Id.

ALLEGATIONS OF NEGLIGENCE AND WRONGDOING BY ETHICON , INC. IN SHERI JAMES PHYSIOMESH HERNIA MESH LAWSUIT

  • “Defendants represented to Plaintiff and Plaintiffs physicians that Physiomesh was
    a safe and effective product for hernia repair.” Id.
  • “Defendants’ Physiomesh was defectively designed, was not reasonably safe for its
    intended use in hernia repair and the risks of the design outweighed any potential benefits
    associated with the design. As a result of the defective design of Physiomesh, there was an
    unreasonable risk of severe adverse reactions to the mesh or mesh components including, chronic
    pain; recurrence of hernia; foreign body response; infection; rejection; inadequate or failure of
    incorporation/in-growth; migration; scarification; deformation ofmesh; improper wound healing;
    excessive and chronic inflammation; adhesions to internal organs; erosion; abscess; fistula
    formation; granulomatous response; seroma formation; nerve damage; tissue damage and/or
    death; and other complication.” Id.

HENRY LEE BROWN V. JOHNSON & JOHNSON AND ETHICON, INC.,

  • “Plaintiff Henry Lee Brown was implanted with a 15CM x 20CM Physiomesh (PHY1520V) device at Redmond Regional Medical Center in Rome, Georgia.”  Physiomesh hernia mesh lawsuit
  • “Defendants manufactured, sold, and/or distributed the Physiomesh device to Plaintiff, through his doctors, to be used for treatment of hernia repair.” Physiomesh hernia mesh lawsuit
  • “On or about July 21, 2015, Plaintiff underwent an invasive surgical procedure at Redmond Regional Medical Center in Rome, Georgia to remove the Physiomesh deviceimplanted in his body, which failed and necessitated additional surgical repair of the same hernia it was implanted to treat. As a direct result of the failed, defective Physiomesh device, which eroded into Plaintiff’s intestines, Plaintiff endured surgical resection of his small bowel with primary anastomosis and enterolysis to remove adhesions to the bowel” Id.
  • “Defendants’ Physiomesh was defectively designed, was not reasonably safe for its intended use in hernia repair, and the risks of the design outweighed any potential benefits associated with the design. As a result of the defective design of the Physiomesh, there was an unreasonable risk of severe adverse reactions to the mesh or mesh components including: chronic pain; recurrence of hernia; foreign body response; rejection; infection; inadequate or failure of incorporation / ingrowth; migration; scarification; deformation of mesh; improper wound healing; excessive and chronic inflammation; adhesions to internal organs; erosion; abscess; fistula formation; granulomatous response; seroma formation; nerve damage; tissue damage and/or death; and other complications.” Id.
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East Providence Personal Injury lawyer | Slepkow Law (est. 1932)

East Providence Personal Injury lawyer | Slepkow Law (est. 1932) | Rhode Island Personal Injury Attorney | Scoop.it
Injured in an accident? CALL East Providence Personal Injury Lawyer, David Slepkow 401-437-1100. Riverside RI car accident lawyers. Rhode Island attorneys.
David Slepkows insight:

East Providence personal injury lawyer

Building a strong and successful personal injury claim for financial compensation typically requires proving negligence of another whose actions or inaction caused the incident to occur. Building a case is essential to negotiating a successful claim. A skilled East Providence Personal Injury attorney or a Rumford car wreck lawyer will be able to prove every necessary element that in combination forms legal negligence. Below are the basics of personal injury negligence claims filed by victims in the United States.

Caused victim’s injuries

Negligence is defined as any contact falling short of a reasonable standard to protect individuals from the foreseeable potential risk of harm. Understanding negligence and proving how another individual’s actions or inaction caused the victims injuries is crucial to a successful Providence Superior Court claim for compensation. Once the elements of the case, eyewitness accounts, scene reconstructions and medical and police record reviews have been evaluated, a skilled RI personal injury attorney or East Providence personal injury attorney can present the case to a claims adjuster working for the insurance company.

East Providence is a city in Providence County, Rhode Island, United States. The population was 47,037 at the 2010 census, making it the fifth largest city in the state.” https://en.wikipedia.org/wiki/East_Providence,_Rhode_Island

East Providence Personal Injury lawyer | Basic Elements of Negligence in Rhode Island

There are four specific basic elements of negligence in personal injury cases and wrongful death lawsuits. These include:

  • Duty of Care– It is essential to prove that a duty of care existed from the person at fault of causing the accident or injuries toward the victim. This means that the defendant in the case had a duty or responsibility to act reasonably toward another. As an example, Riverside and Rumford motorists are given the responsibility to passengers and other motorists to drive safely just as companies have the responsibility to the consumer to ensure that the products they design, manufacture and sell are safe.
  • A Breach of Duty– Next, it must be proven that the defendant in the case breached their duty or responsibility to the victim through their failure to act reasonably toward another. As an example, driving recklessly and causing an accident is a breach of responsibility as is a company manufacturing a defective product that ultimately injures consumers.
  • A Direct Cause of Injury– It must be shown that the action or inaction of the defendant was a breach of their responsibility that directly caused the victim’s injuries. The severity and type of injury suffered by the victim needs to directly correlate with the defendant’s failure to act reasonably. As an example, it can be shown that the speeding motorist directly caused an accident that then caused serious injuries to the victim. Another example might show how a doctor prescribed the patient the wrong medication, which then made their condition significantly worse.
  • Proving the Injury Is Real– Finally, the personal injury attorney in Riverside East Providence RI will need to show documented evidence that the injury suffered by the victim is real and that it directly correlates to the first three elements of proof. As an example, proving loss might require documented evidence including chiropractic records, physical therapy expenses and hospital bills or the diagnosis and prognosis of the new attending physician in charge of treating the victim’s injury.

Hiring a Rhode Island Personal Injury Lawyer Or a Providence car accident attorney

Proving a case for compensation can be complicated. A skilled  Providence personal injury attorney or a RI auto accident lawyer in Riverside, East Providence working on behalf of the victim will gather pertinent information, review medical records and speak with eyewitnesses to gather evidence to support the claim. Once the information has been accumulated and a strategy has been planned the attorney can then negotiate an injury settlement with claims adjusters. If an acceptable amount of financial settlement cannot be reached, the personal injury lawyer can file a lawsuit to present the evidence in front of the judge and jury.

East Providence personal injury lawyer

If you, or your loved one, have suffered serious injuries caused by the negligent actions of another, filing a claim for compensation in Rhode Island courts is likely worth pursuing. These types of cases tend to be handled on contingency. This means that all legal representation is provided without the need of paying a retainer or upfront fee. Reputable RI personal injury attorneys or RI car accident lawyers /  Rumford East Providence personal injury attorney who specialize in negligence claims will offer a free case evaluation to discuss its merits and offer various legal options to seek financial recompense from everyone who caused you harm.

Citations and Authorities:

“Parties involved in a tort dispute may agree to a defendant’s stipulation to liability in the matter and proceed with a jury trial when they are unable to agree about the amount of compensation for the plaintiff. Jurors in these trials only decide the amount of the damage award, not liability. As such, jurors only hear evidence pertaining to the plaintiff’s loss, not evidence about the defendant’s negligent actions. The effect of liability stipulation on damage awards in a personal injury case.” Duke, Misty C.; Hosch, Harmon M.; Duke, Brett Psychology, Public Policy, and Law, Vol 21(3), Aug 2015, 265-279.

Common Data Elements for Pediatric Traumatic Brain Injury: Recommendations from the Working Group on Demographics and Clinical Assessment P. David Adelson, Jose Pineda, Michael J. Bell, Nicholas S. Abend, Rachel P. Berger, Christopher C. Giza, Gillian Hotz, and Mark S. Wainwright. Journal of Neurotrauma. March 1, 2012, 29(4): 639-653. doi:10.1089/neu.2011.1952.  

Legal Notice per Rules of Professional Responsibility:

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.

f Professional Responsibility: The Rhode Island Supre

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How to Find The Best Car Accident Lawyer in Rhode Island - Slepkow Law (Est. 1932)

How to Find The Best Car Accident Lawyer in Rhode Island - Slepkow Law (Est. 1932) | Rhode Island Personal Injury Attorney | Scoop.it
Auto accidents in RI can be life-changing. Unfortunately, getting the compensation you deserve after an accident isn’t always easy. If you’re looking to move forward to get the compensation you deserve, you need the help of the best car accident lawyer in RI.  Finding a good  RI personal injury lawyer is harder than just opening …
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Bad Faith Insurance Tactics by Insurance & their Defense Lawyers

Bad Faith Insurance Tactics by Insurance & their Defense Lawyers | Rhode Island Personal Injury Attorney | Scoop.it
Insurance company refuse top pay car accident settlement? Insurance company offering low ball settlement? RI personal injury attorney, David Slepkow.
David Slepkows insight:
Bad Faith Insurance Tactics by Insurance & their Defense Lawyers

Rhode Island personal injury lawyers and injury attorneys in RI are well aware of the reckless, malicious and litigious tactic of big Insurance and their defense attorneys. (Bad Faith Insurance Tactics) We all have seen the command and control litigation tactics of insurance defense lawyers attempting to deprive victims of their day in Providence Superior court. It is important that an injured car accident victim retain a top personal injury attorney in RI. The most well known and infamous tactics are delaying payment of legitimate claims, denial of claims covered by the policy and “low ball” settlement tactics.

Bad Faith Insurance tactics in RI

Insurance law in RI

  • The unfortunate and pathetic practice of blaming the seriously injured victim for their own injury. This is a disgusting and pathetic practice often perpetrated by insurance and their lawyers
  • In a food poisoning case, alleging that the injured victim got sick at another restaurant, fast food joint or at home
  • Claiming the victim had a preexisting injury (even if it was from years before) and therefore their negligence did not cause the injuries
  • Delaying payment so they can use the victim’s settlement money to earn further income, this is earning money off the float.
  • Undermining the credibility of the injured victim by bringing up old criminal convictions or irrelevant embarrassing online posts such as a topless picture from a college spring break
  • Forcing multiple injured victims to litigate separately to drive up their costs
  • Alleging that the victims were partially responsible for their injuries or assumed the risk that was unreasonably dangerous
  • Denying the RI injury claim. This is something insurance adjusters are very good at.
  • Character assassination of the victim, including calling the victim a liar, a criminal or untrustworthy
  • Alleging the injured victims over treated, under-treated or did not treat properly
  • Alleging that the victim’s injury was exaggerated or imaginary or that the victim is mentally ill. This usually involves trying to obtain the victim’ s psychological records to attempt to shame them into a penny on the dollar settlement
  • Deleterious illegal low-ball settlement tactics
  • Seeking irrelevant information to embarrass the victims. That old nude picture that an ex put up on the internet will be fodder for defacto extortion.
  • paying top, high priced personal injury insurance defense victims to litigate for years
  • Delaying payment of a valid claim so that the victim will get desperate and need the funds to avoid foreclosure or Bankruptcy
  • Arguing in the alternative such as our insured did not cause the accident but if he caused it, the victim was not injured and if the victim was injured it is a minor injury

Delaying payment of legitimate claims, denial of claims covered by the policy and “low ball” settlement tactics

Insurance companies, corporate America, insurance defense lawyers and insurance adjusters often engage in illegal hard ball litigation tactics in personal injury and accident claims that are considered bad faith. The most well known and infamous tactics are delaying payment of legitimate claims, denial of claims covered by the policy and “low ball” settlement tactics. Some other types of bad faith insurance tactics that I see in Providence Superior Court include:

  • Denial of a legitimate RI personal injury claim without providing a valid reason or any rationale or justification
  • Failure to perform a thorough, fair and complete investigation into a personal injury, RI car accident, premises liability or property damage claim
  • Delay payment for compensation of a valid claim for years or perhaps many years,  Make threatening or misleading statements to  injured victims filing a claim for tort  compensation
  •  Misrepresent policy language or the law concerning insurance coverage
  • Ignore phone calls and letters from victims and deny such calls occurred, failure to engage in a unbiased and fair investigation
  • Prolong negotiations for a settlement unnecessarily with hopes that the victim will become desperate as a result of foreclosure or bankruptcy
  • Tell the claimant the file has been lost, destroyed or transferred to another office
  • Making statements that the claim was filed too late, even when the statute of limitations has not yet expired!
  • Offer substantially less compensation to the RI injured victim than the value of the claim
  • Refusal to pay any compensation of a valid negligence and injury claim including wrongful deathpedestrian accident,  RI slip and fall  (premises liability) and Providence construction accident claims
  • Refuse a legitimate or reasonable request for documents, pictures or evidence they have compiled.

Rhode Island car insurance laws can be very complex. It is important to get a personal injury lawyer on your side.  Many people are wondering the penalties in RI for: Driving without insurance in RI. Other people are wondering: is Rhode Island a no fault auto insurance state?

Get a high powered Rhode Island personal injury lawyer on your side to hold big insurance accountable for these deleterious tactics. A RI injury attorney will help you hold big insurance accountable for their actions and get you a sense of justice. Slepkow Slepkow & Associates, Inc. was established in 1932 and has a long history of aggressive and effective legal representation. Don’t settle Low, Call David Slepkow!

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Valsartan lawsuit, amlodipine besylate recall | Valsartan class action? – Defects Lawyer

Valsartan lawsuit, amlodipine besylate recall | Valsartan class action? – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkows insight:

Valsartan is a medication that is intended to treat high blood pressure. However, the manufacturers of the drug have recalled lot after lot of the drug due to an impurity that is was found to contain that can cause cancer in human beings. Eventually, most of the lots of this drug were recalled from the marketplace due to both the cancer risk and other harmful side effects. As a result, the manufacturers of the drug are now facing numerous Valsartan lawsuit product liability claims. If you have taken Valsartan and have either been diagnosed with cancer or experienced other severe side effects, you should promptly contact a Valsartan lawsuit attorney to discuss a possible Valsartan recall lawsuit. Many victims are wondering,”Is there a valsartan class action lawsuit?”, “how can I get compensation from a valsartan class action lawsuit?” and “What is the diovan recall?” To learn more about valsartan recall in usa, please read this article carefully. An Amlodipine besylate recall is a serious matter that must be properly investigated by victims.

View a valsartan recall list here!

What is Valsartan? 

Valsartan (Diovan) is the name of a class of drugs that contain the specific ingredient. It is classified as the following type of drug: ARB (angiotensin receptor blocker) It is sold under a variety of different trade names. As such, there are several different manufacturers of the drug. It was approved by the FDA for use and came onto the marketplace in 1996.  The drug works by acting as a blocker of angiotensin II. The medication acts at the receptor and activates aldosterone. The effect of Valsartan is that blood vessels do not narrow. It can also be used to treat to reduce heart failure and to help people whose hearts have been damaged in a previous cardiac episode.

What is amlodipine and valsartan?

“Amlodipine is a calcium channel blocker. It works by relaxing the muscles of your heart and blood vessels. Valsartan is an angiotensin II receptor antagonist. Valsartan keeps blood vessels from narrowing, which lowers blood pressure and improves blood flow. The combination of amlodipine and valsartan is used to treat high blood pressure (hypertension). This medication is usually given after others have been tried without successful treatment of hypertension. Amlodipine and valsartan may also be used for purposes not listed in this medication guide.” https://www.cardiosmart.org/Healthwise/d066/62/d06662

Amlodipine besylate recall

Below you will find an Amlodipine besylate recall uodate: “A Food and Drug Administration recall of a heart medication due to a cancer-causing chemical now includes two blood pressure medications. Teva Pharmaceuticals has issued a voluntary recall of its amlodipine/valsartan combination tablets and amlodipine/valsartan/hydrochlorothiazide combination tablets, both used to treat high blood pressure, according to the FDA. The FDA announced the recall on its website Tuesday.

The move is due to the detection of a probable human carcinogen known as NDEA, which has been found in valsartan API, the FDA said.”  https://abcnews.go.com/Health/high-blood-pressure-medications-added-recall-heart-drug/story?id=59527133

Valsartan recall lawsuit

The original manufacturer of Valsartan was Novartis Pharmaceutical. After the patent expired in 2012, numerous drugmakers launched their own generic versions of the drug. There are nearly 50 versions on the market worldwide. In 2010, sales of the drug in the U.S. were approximately $2 billion. The side effects of Valsartan are generally not considered to be severe. However, after many years of the drug being available in the market, the medication has been subject to many recalls. Specifically, the drug has been found to contain an impurity that is a possible carcinogen. Please keep visiting this site for more info about the diovan recall.

Diovan recall

Valsartan  is a widely used prescription medication often prescribed by physicians. Valsartan is prescribed to medical patients for high blood pressure. This legal post explains: valsartan recall in usa. It is also widely prescribed to treat patients for congestive heart failure (CHF). After a heart attack, this medication can be used to prolong a heart attack victim’s life. Valsatan  (diovanis) often utilized for victims of heart failure. “Valsartan is an angiotensin II receptor antagonist. Valsartan keeps blood vessels from narrowing, which lowers blood pressure and improves blood flow. Valsartan is used to treat high blood pressure (hypertension) in adults and children who are at least 6 years old. Valsartan is also used in adults to treat heart failure, and to lower the risk of death after a heart attack” https://www.emedicinehealth.com/drug-valsartan/article_em.htm

Do I qualify for a valsartan lawsuit?

  • The victim had a lawful prescription for Valsartan or Valsaran- Hydrochlorothiazide (HCTZ) after July 1st , 2013
  • The Victim had one of the following Valsartan complications or Valsartan side effects while using Valsartan: Lung Cancer, Pancreatic Cancer, Colon cancer, Colorectal Cancer, Kidnery Cancer, Gastric Cancer, Liver Cancer or another type of Cancer.
  • The Valsartan victim was cancer free prior to ingesting Valsartan and had no prior cancer diagnosis. *

The above described criteria are what Valsartan lawsuit law firm’s generally believe constitutes a good Valsartan lawsuit. However, victims who do not meet this criteria should still contact a Valsartan lawsuit attorney.

Is there a valsartan class action lawsuit?

There is no valsartan class action lawsuit. Instead of a Valsartan class action lawsuit, there is a valsartan Multi-District litigation. On February, 14th, 2019 the UNITED STATES JUDICIAL PANELon MULTIDISTRICT LITIGATION created a MDL and transferred all Valsartan lawsuits in the Federal Courts to the District of New Jersey.  “IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the District of New Jersey are transferred to the District of New Jersey and, with the consent of that court, assigned to the Honorable Robert B. Kugler for coordinated or consolidated pretrial proceedings. IT IS FURTHER ORDERED that, in light of this opinion, MDL No. 2875 is renamed In re: Valsartan Products Liability Litigation.” UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: VALSARTAN N-NITROSODIMETHYLAMINE (NDMA) CONTAMINATION PRODUCTS LIABILITYLITIGATION MDL No. 2875

Recalls of Valsartan

The initial recalls were made in July 2018. At first, the recall was limited to Europe, and it was thought the issue that necessitated the recall did not affect the medications sold in the U.S. However, subsequent recalls were undertaken in the U.S. as various lots of the medicine were found to contain impurities. This Valsartan recall progressively spread to cover additional lots and has unfolded over many months. The FDA has published a list of the medications that have been affected by the  Valsartan recall. Since there are many different drugs that contain the ingredient Sartan, dozens of products have been recalled. Mnay victims are wondering if they can get a settlement as a result of a valsartan recall lawsuit.

Specifically, the drug has been found to contain an impurity called N- Nitrosodimethylamine. This ingredient has also been used to make jet fuel and other lubricants. It has also been used in intentional poisonings. While it would not intentionally be included in the pharmacology for a medication, it is a byproduct of chemical reactions. Not only can this damage internal organs, but the Department of Health and Human Services believes that it is a possible carcinogen. The manufacturers have had difficulty tracing the source of the impurity given that this drug is manufactured with supplies produced worldwide. Novartis claims that the recalls have been made as a precaution and there have been no reports of adverse events associated with its brand of Valsartan.

Amlodipine recall

As with any defective pharmaceutical, there is the possibility of lawsuits against the manufacturers for any damages suffered by those who have used the product. Since the alleged defect involves a carcinogen, it may be years before the full effect of this imperfection is known. Given the large size of the market for Valsartan, if the carcinogen does cause damage, it will likely be widespread with the companies facing a large legal liability as a result of the valsartan recall lawsuit. Many victims are searching online for a medication lawsuit list.

Teva Pharmaceuticals USA Issues Voluntary Nationwide Recall of All Amlodipine/ Valsartan Combination Tablets and Amlodipine /Valsartan/Hydrochlorothiazide Combination Tablets That Are Within Expiry

“eva Pharmaceuticals has initiated a voluntary recall in the United States, to the patient level, of all lots of Amlodipine / Valsartan combination tablets and Amlodipine / Valsartan / Hydrochlorothiazide combination tablets (see table below) due to an impurity detected above specification limits in an active pharmaceutical ingredient (API) manufactured by Mylan India. The impurity found in Mylan’s valsartan API is known as N-nitroso-diethylamine (NDEA), which has been classified as a probable human carcinogen. This chemical is typically found in very small amounts in certain foods, drinking water, air pollution, and certain industrial processes.” FDA

“Amlodipine/Valsartan combination tablets and Amlodipine/Valsartan/Hydrochlorothiazide combination tablets are used for the treatment of high blood pressure. To date, Teva has not received any reports of adverse events signaling a potential link or exposure to valsartan.’

Patients taking Amlodipine / Valsartan combination tablets or Amlodipine / Valsartan / Hydrochlorothiazide combination tablets are advised to continue taking their medication and to contact their pharmacist or physician for advice on alternative treatment. The risk of harm to a patient’s health may be higher if the treatment is stopped immediately without any comparable alternative treatment.”https://www.fda.gov/Safety/Recalls/ucm626802.htm  

Class Actions Against the Manufacturers

Shortly after the initial recalls, the first  Valsartan lawsuits were filed against manufacturers of the drug. There was a class action lawsuit filed against Prinston Pharmaceutical Inc., Huahai US Inc. and Teva Pharmaceuticals USA, Inc. in federal court in New Jersey. The lawsuit claims that the defendants should have known that the products being produced at a plant in China contained contaminants. Specifically, the complaint alleges that the impurity started being introduced in 2012, after the defendants changed their manufacturing process. According to the plaintiffs, not only did the defendants know about the impurity, but they also took steps to conceal it when health inspectors visited the manufacturing plant. When the FDA inspected the plant in 2017, it found that the manufacturer did not consistently document any impurities that were found in the medicine during the manufacturing process. In addition, the FDA had found that the manufacturing facility was not adequately maintained in order to ensure the quality of the product.

The plaintiffs are those who have been prescribed and have taken the medication. The damage that they have suffered is that they have been exposed to a carcinogen. They will likely have to be monitored for the rest of their lifetimes to ascertain whether or not they have developed tumors as a result of this medication. Additionally, there was a Valsartan lawsuit filed in federal court in Missouri against some of the same defendants with similar allegations.

Valsartan lawsuit

As more revelations come out about additional plants, one can anticipate that the number of Valsartan  lawsuits against the manufacturers of these medications will continue to grow. Right now, these suits have not been filed as a Valsartan class action. There is no Valsartan class action even though there are common grounds of complaint among the plaintiffs and they have suffered similar harms.However, there is a Valsartan MDL lawsuit pending in New Jersey Federal Court. The Varsartan MDL is better then any hypothetical Valsartan class action lawsuit because in an MDL, a victim has the right to their own individual trial and the victim can reject a settlement and proceed to an individual trial.

Amlodipine besylate recall 2018

If you have been prescribed any drug that has Valsartan as an ingredient, you should promptly contact a Valsartan lawsuit lawyer or a diovan recall law firm to find out more about how you can file a legal claim against the manufacturer of the medication. At present, these amlodipine besylate recall legal actions are still in their early phases. There is not yet any visibility about when they would go to trial if they reach that stage. This means that any possible financial recovery is likely years away. However, no financial compensation is available to you unless you file a claim.

“InvaGen Pharmaceuticals Inc. is recalling 2880 bottles of amlodipine besylate USP 10-mg tablets (NDC 69097-128-15) over concerns about subpotency, according to the October 17, 2018, US Food and Drug Administration (FDA) Enforcement Report. The recall is for 1000-count bottles from lot GG80218 (Exp. 12/19). Cipla Ltd. manufactured the medication for Cipla USA. The affected bottles were distributed within the United States.”

“InvaGen Pharmaceuticals voluntarily initiated the recall October 3, 2018. The FDA designated the recall Class III October 11, 2018. The designation suggests use of the affected product is unlikely to cause adverse health consequences. Amlodipine besylate is a prescription calcium channel blocker used to treat patients with high blood pressure and angina.”   https://www.managedhealthcareconnect.com/content/calcium-channel-blocker-pulled-0

Findings and reasoning of Judicial panel setting up multidistrict litigation for the diovan recall lawsuit not a Valsartan class action lawsuit

“On the basis of the papers filed and the hearing held, we find that these actions involve common questions of fact, and that centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions involve common factual questions arising out of allegations that plaintiffs purchased or used generic formulations of valsartan medications containing the nitrosamine impurities NDMA and/or NDEA; that these 5 impurities present a risk of cancer and liver damage; and that defendants knew, or should have known, of the impurities as early as 2012. All actions stem from the same FDA investigation and voluntary recall announced in July 2018, and the voluntary recalls are ongoing. Although the investigation, and the earliest-filed actions, focused on ZHP as the source of the alleged impurities, the FDA investigation and the actions before the Panel now encompass alleged industry-wide issues concerning the production of the valsartan active pharmaceutical ingredient (API) which will be common to all actions. The common questions of fact include: (1) whether the generic valsartan sold by defendants contained NDMA or NDEA; (2) the cause of the alleged impurities, including alleged defects in the manufacturing and sampling process; (3) when defendants knew or should have known of the impurities; (4) how long the NDMA- and NDEA- containing valsartan medications were in circulation; and (5) whether the amounts of NDMA and NDEA in the medications presented a risk of cancer or other injuries. All of the valsartan actions will raise these issues, regardless of whether the alleged supplier of the valsartan API was ZHP, Mylan, Hetero Labs 7 Limited, or some other entity. Centralization will eliminate duplicative discovery; prevent  inconsistent pretrial rulings, including with respect to class certification and Daubert motions; and conserve the resources of the parties, their counsel, and the judiciary.” TRANSFER ORDER

“Although all pending actions on the motion before us are putative consumer class actions seeking economic damages, we received extensive briefing and oral argument on whether the MDL should include personal injury actions. Based on this record, we believe that the centralized proceedings should include the related personal injury actions alleging that plaintiffs developed cancer as a result of using valsartan containing NDMA or NDEA impurities. The core factual issues in the personal injury actions will be the same as in the consumer class actions – in particular, the cause of the alleged impurities; the nature and extent of the health risks posed by the NDMA and NDEA levels at issue; defendants’ knowledge of the alleged impurities; and the impact of any findings made by the FDA. Additionally, there is significant overlap in defendants in the consumer class actions and personal injury actions. Thus, discovery undoubtedly will overlap among these actions. The Panel often has recognized the efficiencies of centralizing economic loss class actions with personal injury actions, explaining that “liability discovery in all the cases will certainly overlap,” and that, in our experience, the individual discovery required in personal injury actions is “regularly and successfully coordinated” within MDLs involving both kinds of actions. For these 9 reasons, we intend to include personal injury potential tag-along actions in this MDL through the conditional transfer order process. See Panel Rule 7.1(b).” TRANSFER ORDER

Amlodipine besylate recall sources:

https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2018-08-31-Complaint.pdf 

https://www.truthinadvertising.org/wp-content/uploads/2018/11/Judson-v-Prinston-Pharm-complaint.pdf 

https://consumer.healthday.com/public-health-information-30/food-and-drug-administration-news-315/more-blood-pressure-meds-recalled-due-to-carcinogen-740405.html

  • source: Consumer- Advisory- Group
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Asbestos – mesothelioma lawsuit​, complications and settlement – Defects Lawyer

Asbestos – mesothelioma lawsuit​, complications and settlement – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkows insight:

The asbestos lawsuits and mesothelioma lawsuits are one of the longest running series of product liability lawsuits in existence in this country. Cases in this area span almost 50 years dating back to the first major victory for a plaintiff in this case. Asbestos is a naturally occurring substance that had been used in building in this country for many years notwithstanding the common knowledge that it was dangerous and could make people sick. Millions of people were exposed to the substance. Those who have been exposed to asbestos are at risk for developing mesothelioma, which is an aggressive and regularly fatal form of lung cancer. If you have been exposed to asbestos and have shown symptoms of mesothelioma, it is vital that you contact a mesothelioma lawsuit lawyer or a mesothelioma law firm immediately as the statute of limitations may impact your ability to receive asbestos  exposure lawsuit compensation. Many victims are searching for information about “mesothelioma cancer lawsuit”, “Mesothelioma class action suit” and “mesothelioma symptoms.”

Asbestos used for insulation

From the turn of the twentieth century, asbestos was commonly used. In World War II, it was prominently featured in shipbuilding. Asbestos’ flexible properties made it a useful product in buildings and machinery. It was extensively used as insulation, especially for pipes. Demand for asbestos peaked in the 1970s before the documented health problems that it causes led to its being phased out of regular use. Not only has asbestos contaminated buildings, but its presence in the ground has also tainted products that are made with talc, due the asbestos’ proximity to talc while in the ground. Even crayons have been found to include small amounts of asbestos. In addition, asbestos was also contained in certain automotive products as well as cement. More information

Asbestos is dangerous – mesothelioma lawsuit

The first study showing asbestos could be linked to cancer was in the 1930s. The first known effects of asbestos were seen in 1933, when one in every three workers in an asbestos factory were made sick. The first known case of mesothelioma caused by asbestos was reported in 1953. Soon, it was widely accepted that asbestos was dangerous and could have a harmful effect on those who have been exposed to it.

Even though the connection between asbestos and mesothelioma was well-established, asbestos manufacturers ignored the warnings and continued to sell their product. This placed millions of additional people at risk. It is estimated that up to 100 million people were exposed to asbestos. By the early 2000s, there were approximately 2,500 new cases of mesothelioma each year.

1969- first asbestos court victory

Despite the known causation of health effects from asbestos, early personal injury claims were unsuccessful. In 1969, the first case was won by a U.S. plaintiff who contracted mesothelioma from exposure to asbestos. This verdict was upheld on appeal. The plaintiff had been working as an industrial insulation worker for over 30 years and was exposed to asbestos the entire time. Even though the plaintiff had suspected that asbestos was dangerous, he continued to breathe it because he had not been warned of the exact danger. The plaintiff contracted mesothelioma and died before the case went to trial. In the decision, the court found that asbestos was unreasonable dangerous and the plaintiff should have been warned of the dangers. If you are looking to get involved in a mesothelioma class action suit, contact a  mesothelioma class action suits law firm.

mesothelioma cancer lawsuit

In another key holding for future asbestos litigation, the court held that the statute of limitations begins to run when the plaintiff first suffers the effects of exposure to asbestos as opposed to when they were actually exposed. Other states changed their laws to achieve the same result.

mesothelioma class action suits

This successful product liability case was the trailblazer for the tens of thousands of asbestos cases that have been filed since then. The asbestos liability for some of the companies that manufactured the product has been so high that many companies have gone bankrupt. For example, Johns Manville declared Chapter 11 in 1982 while facing an unprecedented amount of asbestos liability. Many companies that have gone bankrupt have established asbestos bankruptcy trusts to settle claims relating to asbestos. In 2011, there were approximately 60 trusts established with total assets of over $37 billion. When there are trusts, there are specialized procedures that claimants follow in order to submit their claim and have it processed.

Consolidation in Eastern District of Pennsylvania | mesothelioma lawsuit

In the event that a claimant needs to file an asbestos lawsuit or mesothelioma cancer lawsuit in order to achieve a recovery, many of the asbestos cases have been consolidated into multi-district litigation. This litigation is in the Eastern District of Pennsylvania and has been open for over 20 years. Given the differences in individual’s exposure to asbestos, it is difficult to file a class action suit since the commonality of injury is lacking.

Mesothelioma lawyer

There are many different potential defendants in an asbestos-related claim a.k.a an asbestos suit The obvious defendant is the manufacturer of the asbestos. In addition, suits have been filed against nearly any entity that has had anything to do with asbestos. For example, a bank who financed a construction project where asbestos was installed has been named as a defendant. Retailers of asbestos-related products have also been sued. As with any product liability case, the range of prospective defendants is a wide one. Anyone who has touched asbestos in the stream of commerce or had anything to do with its installation in any way is a possible defendant. Once liability is established, all of the defendants that are culpable are jointly and severally liable and they must fight each other to figure out who pays what share.

Is there an asbestos class action?

No there are no asbestos class action lawsuits. A class action lawsuit is usually for smaller claims.

asbestos lawsuit

Although the EPA unsuccessfully tried to ban the use of asbestos, the product’s utilization is not tightly controlled and limited. Nonetheless, mesothelioma lawsuits and  asbestos lawsuits are still being filed even though asbestos use began to be phased out many years ago. This is because asbestos suit claimants are still getting sick from exposure that happened years ago and do not have to actually bring a claim until they manifest symptoms. Even though this product liability and asbestos lawsuits litigation has been around for nearly 50 years and hundreds of billions of dollars in compensation has been paid, liability in some of these cases is still hotly contested at trial. Asbestos lawsuits are complex matters that should not be handled by a local attorney who moonlights as a traffic ticket lawyer. There is no such book as a ‘class action guide’ that a  local real estate lawyer could read and be able to take big corporations to the proverbial mat. Class action lawsuit examples that a small claims attorney reads about on the internet will not help a local solicitor. There are no mesothelioma class action books available. An Asbestos exposure lawsuit (asbestos lawsuits) is a serious matter that can only be handled by top experienced lawyers or an asbestos litigation group made up of the best lawyers.

what are the asbestos symptoms

  • “Shortness of breath
  • Dry cough or wheezing
  • Crackling sound when breathing
  • Chest pain or tightness
  • Mesothelioma class action suit
  • Respiratory complications
  • Pleural effusion (accumulation of fluid in the space surrounding a lung)
  • Pleural plaques
  • Pleural thickening
  • Asbestosis” https://www.asbestos.com/exposure/signs/

“Signs of Asbestos Exposure Affecting Other Parts of the Body ( mesothelioma symptoms )

mesothelioma law firm

When you contact an asbestos lawsuit lawyer  or mesothelioma cancer lawsuit attorney to discuss your possible asbestos-related claim, you can receive an assessment of your chances to receive compensation for your exposure to the hazardous substance. While there is no guarantee of any recovery, you may be entitled to a substantial recovery as a result of mesothelioma symptoms if you have been diagnosed with mesothelioma as a result of your exposure to asbestos.

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