Categories for Medical Malpractice

When we take medications, we expect that the product we picked up off the shelf or were prescribed by a doctor will improve our health condition. While we hear about side effects, we do not expect that taking a drug may result in additional health complications, including some that are extremely serious or even life-threatening. According to the Food and Drug Administration (FDA), there are...

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Roundup is a herbicide that was introduced by Monsanto in 1974 and it has grown into the world’s most popular weed killer, used frequently by homeowners, farmers, landscapers, and others to control pesky weeds as it is sprayed on countless crops, sports fields, playgrounds, gardens, parks, and more. Unfortunately, Roundup was deemed to be a probable human carcinogen and has been linked to a number...

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If you suffer from diabetes, then you know the risk of lower limb amputation is all too common. But what you might not know is that the medications you take to control your diabetes could actually be raising your risks of amputation by a significant amount. If you take Invokana for diabetes and have suffered an amputation of the toe, foot, or leg, then the...

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When we seek out medical help for our injuries or illnesses, we expect that doctors, nurses, and surgeons will do their best to help us get better. While there are thousands of medical procedures that take place every day and go off without a hitch, there are unfortunately a number of procedures that do not go as planned, sometimes as a result of medical malpractice...

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When dealing with a personal injury case, time is of the essence. If you have been injured due to the negligence of another person or company, you need to find and hire the right Houston personal injury law firm immediately. Your lawyer will act quickly to preserve any evidence, but they cannot do their job until you tell them what happened and hire them. Why...

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2015 TVM Settlement News

November 23, 2015

Juries across the US have awarded numerous settlements to victims of defective transvaginal mesh (TVM) products this year alone. Thousands more women have filed claims, due to injuries and complications following TVM surgeries. Boston Scientific is one transvaginal mesh manufacturer who paid millions this year to victims. One jury took only 7 hours to determine that Boston Scientific was liable for the defects in its...

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A Pennsylvania woman was in the hospital for 10 days following her hip replacement surgery. As soon as she left the hospital, she was hospitalized again the very next day. The doctors found that she suffered a deep bone infection after the hip replacement surgery where a Bair Hugger Forced Air Warmer had been used to regulate her body temperature. Reports show that serious infections...

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Johnson & Johnson’s Ethicon Prosima device is the center of a trial in progress currently in Dallas. The testimony stated that although medical professionals were aware that there are safer natural alternatives to the mesh product, doctors proceeded to permanently implant a temporary vaginal support device that may be defective. Ethicon’s victims, like Carol Cavness suffered chronic pain, bleeding, tissue erosion, and infections. Patients implanted...

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Surgeries using power morcellators have transformed treatable conditions into a death sentence. For one Texas family, this nightmare became all too real. A mother of three died from cancer that spread after her hysterectomy was performed using power morcellation. It all began when the OB/GYN discovered a possible tumor in the patient’s uterus. After the surgery, the tumor was diagnosed as leiomyosarcoma. After three months...

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Reports first surfaced in 2005 that the radial arms and struts of medical equipment manufacturer Bard’s Recovery IVC Filter had broken off inside the body of patients. Since that time the U.S. Food and Drug Administration (FDA) has received around 1000 adverse reports involving the filters, primarily regarding the IVC filters fragmenting and embolizing inside the body. Due to these reports, made by both physicians and...

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Numerous IVC filter lawsuits have been centralized for pretrial proceedings before Arizona U.S. District Judge David G. Campbell. Patients are experiencing serious health injuries when the filters are breaking apart and piercing their hearts. In many cases, all of the sharp metal fragments of the faulty filters are not recoverable, leaving them migrating throughout the victim’s bodies until they come to rest with sometimes fatal...

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U.S. lawmakers are planning to launch an investigation into the FDA regulation of power morcellators. The U.S. Government Accountability Office has agreed to probe into FDA oversight of power morcellators. Although the GAO does not comment on ongoing investigations, it could take some time to complete the probe. Less than a year ago, the FDA stepped up its oversight of the surgical devices, due to the...

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Recently, the JAMA (The Journal of the American Medical Association) published an article concerning the use of IVC filters for pulmonary embolism patients. Soon, many doctors questioned the findings of the report. 200 patients were studied using blood thinners along with IVC filters. There were comparative studies with a group of patients who received the blood thinner drugs alone. After three months of follow up visits, they...

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Viviana D. Ruscitto passed away on September 3, 2015 after a struggle with cancer that was suspected to have been spread following surgery using a power morcellator. Ms. Ruscitto was only 43 years old. Patients like Ms. Ruscitto are fatally harmed by the power morcellator, when previously undiagnosed and contained cancer is spread throughout the abdomen. The dangerous device cuts and shreds tissue during hysterectomies...

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NBC News investigated the safety concerns from patients implanted with the IVC filter, a medical device that is designed to stop blood clots. The news story revealed that 27 deaths are known to have been caused by complications or malfunctions of the IVC filter. Two of the stories shared by NBC stated that the filters killed patients by migrating to the heart and puncturing it, or by...

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Matthew McCarley, a partner at Fears | Nachawati Law Firm, has been appointed to the Plaintiffs’ Executive Committee (PEC) in the multidistrict litigation (MDL) regarding Inferior Vena Cava (IVC) Filters manufactured by Cook Group, Inc.   IVC Filters were implanted to prevent blood clots from becoming coronary or pulmonary embolisms. However, reports first surfaced in 2005, that the radial arms and struts of the retrievable filters...

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US Senators Elizabeth Warren and Kirsten Gillibrand sent an open letter to the Commissioner of the US Food and Drug Administration expressing urgent concerns about the dangers of power morcellation devices. Prominent lawmakers, including Tennessee senator Lamar Alexander, Bob Casey of Pennsylvania, and Marco Rubio joined a bi-partisan group of senior leaders in the US Senate to increase the public awareness of the risks of power morcellators...

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A recent study from The Journal of the American Medical Association revealed that the benefits of the IVC filter procedure are not always clear, when examined alongside the risks. The study stated that, “Although retrievable inferior vena cava filters are frequently used in addition to anticoagulation in patients with acute venous thromboembolism, their benefit-risk ratio is unclear… Primary efficacy outcome was symptomatic recurrent pulmonary embolism at 3...

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More recently, a significant number of women and theirs families have brought lawsuits against various manufacturers after doctors used laparoscopic power morcellators during their hysterectomies. These individuals allege that these devices were responsible for spreading undiagnosed cancers and that they were not adequately warned about the potentially deadly risk. Laparoscopic power morcellators have been used during hundreds, if not thousands, of minimally invasive laparoscopic surgeries....

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Two weeks ago, one of the first laparoscopic power morcellator lawsuits that was filed in federal court was finally settled. The plaintiff, widower Scott Burkhart, settled for an undisclosed amount right before it the lawsuit was scheduled to reach trial. He had originally filed the lawsuit in March 2014 against LiNA Medical after his wife, Donna Burkhart, died of myelosarcoma, a type of uterine cancer....

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Recently, the U.S. Food and Drug Administration (FDA) approved a new version of a pelvic mesh produced by Caldera Medical, even as last week, Medtronic settled with more than 11,000 vaginal mesh patients. This new iteration of the Vertessa Lite mesh (pictured left) has been cleared to be used in surgery for pelvic organ prolapse. Caldera claims that this newer version will have larger pores which...

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Today, June 2nd, U.S. District Judge Joseph Goodwin of the Southern District of West Virginia will hold a crucial conference status meeting where the major manufacturers of transvaginal mesh and sling products intend to ask for a moratorium on current or future claims. In this case, a moratorium would prevent other women harmed by transvaginal mesh products from coming forward and filing suit against the...

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Judge Joseph Goodwin, the federal judge in charge of overseeing multidistrict litigation involving transvaginal mesh and sling products, has moved to consolidate more than a dozen such lawsuits for jury trial this November. The decision came on June 12th, when he consolidated 26 transvaginal mesh lawsuits into a single trial which is set to begin on November 2nd of this year. All of these cases...

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More than a thousand cases related to Zimmer NexGen knee implants have been filed and consolidated in federal court in Illinois. The federal judge overseeing these cases has recently issues a scheduling order setting opening statements for the first trail that is set to begin on October 13th of this year. A bellwether trail in this case would give the judge and both defendants and...

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On Tuesday, April 28th, Boston Scientific Corp, one of the leading manufacturers of transvaginal mesh products reached its first settlement agreement to resolve thousands of civil law suits that had been brought against them. Plaintiffs had experienced negative side effects after using mesh and sling devices from Boston Scientific Corp. and had brought lawsuits against the company as a way of seeking compensation. The company...

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Zimmer, one of the most prolific knee manufacturers, has really come under fire after recalling all of the lots and sizes of its Zimmer Persona Trabecular Metal Tibial Plate/Persona TM Tibia. The Food and Drug Administration (FDA) was posted in March of this year and stated that the parts had been voluntarily recalled due to reports of radiolucent lines and loosening.  Not all medical devices...

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After transvaginal mesh products began to be introduced to the pharmaceutical market, many women thought that the mesh devices would bring them comfort after suffering from intimate discomforts like pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Transvaginal mesh slings or patches were created as alternatives to more invasive abdominal procedures but have so far, created painful and costly problems for tens and thousands...

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In a recent pretrial order, the Honorable Joseph R. Goodwin of the Southern District of West Virginia has set a joint status conference for June 2nd of this year. The conference has ordered some of the largest manufacturers of transvaginal mesh and bladder sling plastic devices to appear before Judge Goodwin. The list of manufacturers named include American Medical Systems (AMS), CR Bard, Boston Scientific,...

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Zimmer, the largest manufacturer of knee implants, has recently recalled its Persona Knee implants after a substantial number of patients complained of pain and complications after the implants were used in their knee replacement surgeries. The FDA has issued a Class II Recall regarding the implants, stating that they can loosen early and cause complications. This particular recall, issued on March 12th of this year,...

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On March 12, Zimmer Persona recalled more than 11,600 of their personalized artificial knee component. The recall of these particular knee replacements primarily impacted all lots and size of the Zimmer Persona Trabecular Metal Tibial Plates. The knee components had only been used for three years, from November 2012 to early 2015, in knee replacement surgeries before they were recalled. Zimmer Persona made the decision...

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According to Dr. Jay Mabrey, chief of the Department of Orthopedic Surgery at Baylor University Medical Center, approximately 400,000 hip replacements are performed each and every year. While the majority of these replacements are successful, many metal on metal hip implants cause serious problems and constant pain for patients. Surprisingly, many patients don’t even know the name or type of artificial hip they have in...

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In February the FDA officially announced a recall of the DePuy LPS (Limb Preservation System) Diaphyseal Sleeve knee implant. This product is used during the overall reconstructive knee surgery of the DePuy LPS knee system. The Diaphyseal Sleeve specifically is made by DePuy Orthopaedics which is a subsidiary of Johnson & Johnson. The system is used to aid in reconstructing severe defects of the soft...

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Roughly ten years ago, a series of specific laws were passed in Texas which drastically changed medical malpractice litigation. While the affects of “damage caps” on the recovery of non-economic damages have been frequently cited as the exclusive drive behind this change, the explanation is much more complex. In addition to caps supposedly designed to eliminate allegedly “frivolous” claims, the medical community’s lobbyists successfully implemented...

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The DePuy Pinnacle hip lawsuits involving metal-on-metal hip systems continue to mount in the federal multidistrict litigation currently underway in the U.S. District Court for the Northern District of Texas. According to a Master Case List issued by the court on January 31, 2014, at least 5,590 DePuy Pinnacle lawsuits have been filed in the proceeding on behalf of individuals who were allegedly injured by...

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Although the intrauterine device (IUD) may seem like a good alternative and long term contraceptive option, many women experience long lasting and often permanent damage from the defective Mirena IUD. A woman from New York filed a product liability lawsuit because she had to undergo laparoscopic surgery—minimally invasive surgery performed through small incisions in the abdomen. Although doctors conducted placement checks and gave her confirmation...

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The inferior vena cava (IVC) filter is a device used by many doctors when coagulation drugs are not an option. The IVC filter is a device placed in the veins to trap clots caused by pulmonary embolism (PE). These clots, if not treated, could potentially travel to the lung and can be deadly. However, although the IVC filter may seem like a good option when...

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  After the worldwide recall of the DePuy ASR hip from Johnson & Johnson, studies have shown that these metal-on-metal hips had been failing in approximately 12-13% of patients. However, as more information has come out, the true premature failure rate could surpass 40% of all DePuy recipients. In fact, at least 93,000 artificial hips have been known to be involved in the recall, 37,000...

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The Mirena Intrauterine Device (IUD) increasingly gains popularity throughout the US each year. Currently, about 5-7% of women in the US choose the IUD as their choice of contraceptive. However, this number is low compared to the 40-50% use in other countries such as Mexico or China. Why is this? Some may wonder if women outside the US are more advanced in their contraceptive use....

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A study done by Richard H. White and colleagues compares how frequent certain California hospitals use the inferior vena cava (IVC) filter from 2006-2010. This study observed results from 263 hospitals. From this sample there were over 130 thousand acute venous thromboembolism (VTE) hospitalizations, IVC filters were placed in 19, 537 of them—about 14.95%. A major finding from this study showed that certain hospitals tended...

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Thousands of patients across the US suffer from the negative effects and failure of the DePuy ASR Hip Implant from Johnson & Johnson. In fact, in August of 2010 Johnson & Johnson issued a recall of 93,000 DePuy ASR hip implants across the world. In this recall they reported that 12 percent of implants failed within 5 years. Other complications experienced by those with the...

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