Category Archives: Medical Malpractice

Is the Mirena IUD Safe?

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Mirena IUD issues

The Dangers of Mirena IUDs – Could you be at Risk?

The Mirena IUD is a device that has been implanted in thousands of women as a form of birth control. This device is manufactured by Bayer Pharmaceuticals, and works by emitting a hormone that helps prevent pregnancy. The IUD was designed to last for up to five years without needing to be replaced. It has recently come under attack for causing a number of complications that could sometimes result in permanent injuries.

The problem with the Mirena IUD is that it sometimes migrates through the uterine wall and then enters other parts of a woman’s body. When this occurs, there could be severe complications that may include:

  • Perforation of the Uterus or Cervix
  • Device migration resulting in Laparoscopic surgery
  • Ectopic or intrauterine pregnancies
  • Pelvic inflammatory disease

In addition to these complications, IUD devices that migrate could cause the perforation of other organs such as the spleen, liver or pancreas. Surgery is required to remove this device if it becomes dislodged. In some cases, the device could cause serious trauma to the uterus, thereby making it difficult for a woman to conceive even after it is removed.

FDA Warnings

There is some evidence that shows Bayer received warnings from the FDA about the possible complications involved with Mirena IUDs. This agency claimed that Bayer misstated the product’s effectiveness and failed to provide patients with information about the possible risks. Although there have been more than 45,000 reports of complications from users and numerous lawsuits have been filed, Bayer has yet to formally recall this birth control device.

Increased Risk

There is an increased risk of Mirena injuries among women who have an unusual-shaped anatomy or previous trauma to the uterus. When the device is placed shortly after childbirth, the odds are also greater than it will migrate or tear the uterus.

Women who have been implanted with the Mirena IUD may want to speak to their doctor about having it removed. Those who have suffered an injury after the insertion of this device may want to contact us to protect their rights.

Is Social Media Going to Affect Your Legal Claim?

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If you have a personal injury claim or lawsuit pending, you may want to think about what you are posting on any social networking profiles. Attorneys are turning to outlets such as Facebook and Twitter in ever-increasing numbers when it comes to finding incriminating evidence to use against opposing parties. What seems like an innocent blurb could end up costing you thousands of dollars-or even worse, the dismissal of your lawsuit altogether.

The purpose of any civil action is to make a plaintiff whole again. If you have been injured but post about participating in activities that require a great deal of physical stamina, this could cause a judge to question the severity of your impairments. Simply making a “tweet” about shooting a game of basketball or going waterskiing with friends could affect the value of your claim.

Posting about activities isn’t all that can get you into trouble. Making comments about what you’ll do with the windfall you receive from a settlement can also raise doubt and suspicion. Don’t think you’re safe just because your profile is private. Information posted on social media can be subpoenaed, and may be ruled admissible in a court of law. Your best course of action is to remember that the things you post online could be made public for anyone to see, so be careful what you say.

Remember if you have a personal injury case to call us before settling with or talking to an insurance company.

The Importance of Avoiding Bad Drug Reactions

Precautions for Avoiding Negative Drug Reactions

Drug reactions can occur because of interaction with other drugs or substances. They can also occur because of an allergy. Symptoms of a reaction may be mild or serious. It’s important to understand the severity of reactions and the steps to take in dealing with them, especially if you use more than one prescription drug. This is also true with over the counter medicines as these also have the potential of causing reactions.

Reading labels is important. Whether you are dealing with over the counter substances or prescriptions, literature is  provided to explain the types of substances that will interact adversely with the drug in question. It’s helpful to consult with your pharmacist or doctor if you aren’t sure about a given medicine, and online research can provide additional information. If you aren’t sure about how a new medicine will interact with a substance that you already take, it’s wise to contact your physician before taking the new drug.

It’s important to examine a new package or container of a medicine before taking it. Over the counter substances should be examined for tampering. Make sure that boxes are sealed and that packaging protection is intact. If this isn’t the case, don’t purchase the product. If you discover tampering after your purchase, return the product.

When your prescriptions are filled, you should take time to examine the contents of your bottle or package. A description of the product is usually included in the literature, explaining color, size and shape of the pill or medicine. Take time to verify that this is accurate. Bring discrepancies to the attention of a pharmacist right away. If a medicine is different from its usual appearance, check the packaging for possible explanations as many pharmacies strive to inform patients of manufacturer changes to medicines. It’s better to err on the side of caution than to experience serious consequences from taking the wrong drug.

If you think you have a legal claim and want to know your rights, call Edward M Bernstein and Associates for a free consultation!

The Scary Facts About the Birth Control Device Nuvaring

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HAVE YOU USED THE BIRTH CONTROL DEVICE NUVARING?

NUVARING: 6.5 TIMES HIGHER RISK OF DEVELOPING DEADLY BLOOD CLOTS

NuvaRing (ethinyl estradiol and etonogestrel) is a flexible, plastic, contraceptive ring that releases a combination of
the female hormones estrogen and progestin after being inserted into the vagina. It was marketed it as being an easy-to-use device that, once inserted, releases hormones into the bloodstream for 21 days and so requires replacing only once every three weeks.

However, while NuvaRing may be convenient, a May 2012 British Medical Journal study finds that, when compared
with women who do not use hormonal birth control, women who use NuvaRing have a 6.5 times higher risk of developing deadly blood clots.

NuvaRing Risks:

Deep Vein Thrombosis (DVT) − a blood clot that forms in a vein, usually in the lower leg or thigh.

Pulmonary Embolism (PE) – a blood clot in a deep vein that travels through the blood stream to the lungs, often causing death.

Stroke − Blockage or rupture of arteries in the brain due to blood clots preventing oxygen from being delivered to the brain.

Heart Attack − When a blood clot blocks the flow of blood through a coronary artery, it can cause heart attack.

Death − According to an April 2011 CBS Money Watch article, a Swiss report found evidence in FDA reports
that 40 women have died as a result of using the contraceptive device
When manufacturers produce unsafe products that create pain and suffering, you deserve compensation. Although
no amount of money will change the fact that you have suffered a serious injury as a result of manufacturer
irresponsibility, compensation will help offset your current and future medical costs, as well as provide for the pain
and suffering you have experienced. By filing, you may also help protect other women and their families from
needless distress.

If you or someone you love has suffered from the use of NuvaRing, you deserve compensation.

CALL US IMMEDIATELY AT (702) 240-0000 OR GO TO EDBERNSTEIN.COM, TO SEE IF YOU HAVE A CASE.

“ENOUGH SAID, CALL ED!”

$104 million verdict one of the top verdicts in 2011

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I’m proud to announce that the $104 million verdict won by Edward M Bernstein and Associates was one of the top 10 verdicts in the United States for 2011 according to Lawyers USA.

As you may recall, jurors awarded our client Michael Washington $104 million against drug companies Teva Parenteral Medicines Inc. and Baxter Healthcare Corp for their negligence and defective design of their vials. Mr. Washington is one of the patients who contracted Hepatitis C from the Endoscopy Center of Southern Nevada.

Fee Increased to Pay for More Health Inspections

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After the Hepatitis C Outbreak in 2008, some called it the biggest health notification of its kind in the state and even the country. Some 50,000 people were notified they should get tested for hepatitis, HIV, and AIDS after an investigation into Las Vegas clinics found medical professionals were reusing of vials of anesthetic propofol.

In response to the outbreak, the Nevada Legislature decided health facilities needed to be inspected more frequently. But the state agency that does the inspections told legislators that would obviously require more funding. According to the Las Vegas Sun, lawmakers announced it would result in a fee increase for health care providers. The article says the fee increase will be about 600 percent.

Critics of the plan say the fee increase is too high and may force health care providers to lay people off. Some lawmakers think maybe the state is overacting to the Hepatitis C Outbreak.

But the director of the Department of Health and Human Services told the Sun:

“It wasn’t one incident,” he said. “After hepatitis C, we continued to find safety issues for a year. It was shocking to me. Today we still find patient safety issues almost every time we are out.”

What do you think? Should the state pass on the fee or is it unfair to health care providers?

-Edward M Bernstein and Associates

Fees increased to pay for frequent health facility inspections

By ED VOGEL
REVIEW-JOURNAL CAPITAL BUREAU

Posted: January 13, 2011 | 7:21 p.m.

CARSON CITY — Nevada legislators finally got around to boosting fees to pay for more frequent health facility inspections Thursday.

Find this article at: Las Vegas Review Journal

Hepatitis C: Drug companies appeal

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In 2008 thousands of people were notified they should get tested for hepatitis, HIV, and AIDS after an investigation into Las Vegas clinics found medical professionals were reusing of vials of anesthetic propofol. More than 100 patients discovered they were infected with Hepatitis C at the Desert Shadow Endoscopy Center and its sister clinics. The clinics were run by Dr. Dipak Desai.

Aside from this being a case every doctor and medical professional should learn from, it’s also a case that should send drug companies a clear message. Last year a jury found the drug companies that made and sold the sedative propofol liable because they failed to label drug vials with appropriate warnings and should not have provided large vials of the anesthetic to endoscopy centers. The jury awarded more than $5 million in compensatory damages. As far as punitive damages are concerned- the jury decided Teva Parenteral Medicines should pay $356 million and Baxter Healthcare Corp. should pay $144 million. And this was just the first of many cases to go to trial.

My office is representing other infected patients- some who are in poorer health than the plaintiff in this first trial. It’s clear the jumbo-sized vials of propofol encouraged reuse. There were no warning labels on the packages and the drug companies knew of other hepatitis cases linked to propofol but did nothing to discourage medical professionals from reusing vials.

Now the drug companies are appealing in Nevada Supreme Court to overturn the $522.4 million judgment awarded to the first victim that went to trial. Here is an excerpt from the Las Vegas Sun article you can find below:

“The two companies are appealing, among other things, the refusal of District Judge Jessie Walsh to grant a new trial. Teva and Baxter question allowing Texas lawyers to handle the case. They maintain errors were committed when the judge refused to allow them to assert cross claims against medical providers who administered the propofol because these persons or companies settled out of court.”

My office will be watching this case closely as we are committed to getting justice for our clients.

-Edward M Bernstein and Associates

Drug companies appeal $522 million judgment in hepatitis outbreak

By Cy Ryan

Wednesday, Jan. 12, 2011 | 4:53 p.m.

CARSON CITY – Two drug companies have formally lodged their appeal in Nevada Supreme Court to overturn a $522.4 million judgment awarded to a Henderson man, one of the victims in the hepatitis outbreak in Las Vegas in 2008.

Find this article at: Las Vegas Sun

HEP-C Toolkit Unveiled

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Hepatitis C Toolkit to be unveiled todayThe Hepatitis C Outbreak was a horrible, frightening, and life changing experience for my clients and the thousands of other patients who had to be tested for the disease after state health officials learned of unsafe practices at the clinic ran by Dr. Desai. But some good has come out of the outbreak, including a training video that was distributed to medical officials across the country. An article in the R-J says another helpful resource will be unveiled at a press conference today.

Continue reading →

Hospital Care Fatal for 15k Medicare Patients

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Yesterday the Las Vegas Sun ran an interesting article about substandard hospital care in Nevada. It quickly caught me eye and the information ended up on my blog because the article discussed why industry experts believe we have such mediocre hospital care in the Las Vegas Valley. To check out that blog click here.

One day after the Sun’s article and that blog, USAToday.com ran a story today about a new government study that says an estimated 15,000 Medicare patients die each month in part because of hospital care.

The article says the study is the first of its kind because it tries to understands “adverse events” in hospitals, meaning it tries to understand the incidents that harm patients and why they happen.

Below are some of the study’s findings but to read the entire article… check out the link below.

“Patients in the study, a nationally representative sample that focused on 780 Medicare patients discharged from hospitals in October 2008, suffered such problems as bed sores, infections and excessive bleeding from blood-thinning drugs, the report found. The federal Agency for Healthcare Research and Quality called the results “alarming.”

“Among the findings in the report obtained by USA TODAY:

•Of the 780 cases, 12 patients died as a result of hospital care. Five were related to blood-thinning medication. Two other medication-related deaths involved inadequate insulin management resulting in hypoglycemic coma and respiratory failure resulting from over sedation.
•About one in seven Medicare hospital patients — or about 134,000 of the estimated 1 million discharged in October 2008 — were harmed from medical care.
•Another one in seven experienced temporary harm because the problem was caught in time and reversed.”

-Edward M Bernstein and Associates

Hospital care fatal for some patients
By Rita Rubin, USA TODAY
An estimated 15,000 Medicare patients die each month in part because of care they receive in the hospital, says a government study released today.
The study is the first of its kind aimed at understanding “adverse events” in hospitals — essentially, any medical care that causes harm to a patient, according to the Department of Health and Human Services’ Office of Inspector General.

Find this article by clicking here: USA Today

Substandard Hospital Care in Las Vegas

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There is a very interesting article in the Las Vegas Sun this morning that quickly caught my eye. A few months ago the newspaper ran a series of articles about hospital care in Las Vegas and found 3,689 cases in 2008 and 2009 where patients suffered “preventable harm while under a hospital’s care.” The article today explains why industry experts think we have such mediocre hospital care in Las Vegas and what needs to be done to change it.

Here are some interesting finding explained in the article:

• “The corporate push for profits sometimes trumps patient care and can create an environment where best practices give way to risky shortcuts. Nevada and Clark County have the highest concentration of for-profit hospitals of any state or urban county in the nation.
• Academic medical centers elevate a city’s health care because of their focus on excellence, innovation and research. Las Vegas is the only U.S. city of its size or larger with no such center.
• Hospitals suffer from staffing problems, both in numbers and quality. At one hospital, each nursing assistant was required to care for up to 26 patients at a time, an unmanageable number, and administrators were unresponsive to complaints by employees for months.”

Another interesting point to note, “Nurses told the Sun that helping patients get out of bed to move around — which helps prevent blood clots and bedsores — is usually the first task lost when they are overworked.” Which explains why we receive calls from so many people who recovered from a major surgery… only to discover a new problem… a bed sore that will take months to heal and could be infected!

If a doctor, nurse, or hospital has hurt you or someone you love— call my office at 702-240-0000 or go to www.edbernstein.com.

-Edward M Bernstein and Associates

DO NO HARM: HOSPITAL CARE IN LAS VEGAS:
Why we suffer
Substandard hospital care has roots in a culture of seeking profits, shunning best practices, turning away from problems

By Marshall Allen (contact)

Sunday, Nov. 14, 2010 | 2 a.m.

Mediocre hospital care in the Las Vegas Valley, evidenced by thousands of preventable injuries, infections and deaths, can be traced to a few fundamental causes.
Find this article at: Las Vegas Sun