Some Not So Fun Facts About Brain Injury

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The Brain Injury Association of America estimates that 1.7 million Americans every year sustain a traumatic brain injury and 3.1 million individuals live with a lifelong disability as a result of their injury. In order to raise awareness about this life-changing and debilitating injury, March has been chosen to be Brain Injury Awareness Month. While traumatic brain injuries are certainly life-changing, many people are unaware that even mild brain injuries (such as concussions) can have a devastating impact on a person’s life. The main problem with mild forms of brain injuries is that the symptoms are experienced internally and are not always obvious. As a result, many concussions and mild brain injuries often go undetected. Symptoms of a mild brain injury can include:

  • Dizziness
  • Nausea
  • Sensitivity to light
  • Difficulty concentrating
  • Memory concerns

More severe brain injuries can lead to more obvious symptoms like impaired speech, loss of coordination, and severe headaches. This often leads the injured person to seek medical attention and treatment. Unfortunately, severe brain injuries can cause permanent damage that can lead to a lifetime of struggles.

If you or someone you love has been injured in a car accident in Seattle, it is important to recognize the signs and symptoms of a brain injury. Even a mild brain injury can cause serious and debilitating symptoms and can lead to permanent injury. Currently about 15% of all mild brain injuries will lead to some form of permanent brain disability.

As such, you need an experienced Seattle personal injury attorney on your side so you can receive the compensation you need to cover all of your brain injury needs. At Phillips Law Firm, our Washington personal injury attorneys have extensive experience representing individuals who have sustained a traumatic brain injury in accidents. Call us today for a free case evaluation at 1-800-708-6000. Our Seattle personal injury attorneys spend one-on-one time with our clients and we work diligently to achieve extraordinary results for all of our clients.

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Medtronic Infuse Bone Graft Injuries FAQ

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In light of the hundreds of adverse reactions reported from FDA-approved and off-label use of Medtronic Infuse Bone Graft, many patients who have suffered injuries are considering lawsuits against Medtronic. To help you discern whether a lawsuit is a viable option, here are some of the most frequently asked questions our law firm receives about Medtronic Infuse Bone Graft injuries.

Q: What kind of injuries can Medtronic Infuse Bone Graft cause? 
A: Serious medical complications and life threatening conditions linked to the use of Medtronic Infuse Bone Graft include nerve damage, paralysis, cancer, ectopic or excessive bone growth, male sterility, infections, serious respiratory problems, and wrongful death. If you or a loved one has suffered from these or any other injuries after receiving a Medtronic Infuse Bone Graft, you may be entitled to receive compensation from the manufacturer.

Q: How do I know if I have suffered Medtronic injuries – what are the symptoms? 
A: Symptoms of adverse side effects reported by patients who have received a Medtronic Infuse Bone Graft include:

  • Difficulty swallowing or speaking
  • Swelling of the neck, throat, or mouth
  • Radiating pain and burning sensations
  • Excessive bone growth
  • Numbness or tingling in the legs or elsewhere

 

If you have suffered from these or any other adverse symptoms following a Medtronic Infuse Bone Graft, you should seek immediate medical attention.

Q: Whom can I hold liable for my Medtronic injuries? 
A: In order to answer this question, we would need to do a thorough evaluation of your medical records. Medtronic may be held responsible for any resulting injuries associated with their product due to the manner in which the product was marketed or failure of the manufacturer to warn individuals of the product risks. In some cases, particularly with off-label use, your surgeon may be also liable.

Q: How do I file a lawsuit if I’ve been injured by a Medtronic Infuse Bone Graft? 
A: Before filing a lawsuit or taking legal action against Medtronic, the first step you should take is to contact an experienced Medtronic injury lawyer for a case evaluation. Due to the complex nature of defective product cases, it is often difficult to obtain fair compensation through a lawsuit without the aid of a qualified attorney.

Q: How much do you charge to handle Medtronic injury cases? 
A: We will perform a free evaluation of your Medtronic injury case. If we accept your case, it will be on a contingency basis, which means you will not be charged any fees or costs unless we obtain a recovery or settlement for your injuries.

To find out more about filing a Medtronic Injury lawsuit, please contact Phillips Law Firm today. Our caring and professional Medtronic lawsuit attorneys will provide you with a free case evaluation and help you determine your rights to compensation from Medtronic for your injuries. Call us at 1-800-708-6000 today to schedule your appointment.

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How is Your Personal Injury Settlement Calculated?

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You’ve met with a personal injury attorney and filed a lawsuit against the negligent party responsible for your injuries. You’ve been patient and you’re lawyer has informed you that your lawsuit has been settled. Congratulations! Now what? If you are like many injured victims, you may be wondering how your personal injury lawsuit is actually calculated. What is taken into effect and considered before you are awarded compensation?

When awarding damages in any type of Seattle or Washington civil case, the judge or jury must take many aspects of the accident into consideration, including:

  • Severity of the injuries
  • Effect the injuries have had on the overall physical health of the injured victim
  • Effect those injuries have had on the overall mental health of the injured victim
  • Physical pain in both the past and the future
  • Mental anguish in both the past and the future
  • Long term complications or effects of the injuries
  • Disfigurement
  • Humiliation or embarrassment associated with injury
  • Medical expenses
  • Rehabilitation expenses
  • Long-term care expenses
  • Lost wages
  • Loss of potential earnings
  • Future medical or rehabilitation expenses
  • Loss of quality of life
  • And more

Once these factors have been considered, the judge or jury can use this to determine the appropriate amount of compensation to award the victim. Washington State and most other states require the jury to breakdown the total amount of awarded damages to show how much was allocated for past and future medical expenses, lost wages, pain and suffering, etc. There are caps placed on non-economic damages, such as pain and suffering.

Damage award calculations are also affected by the amount of evidence that is presented by the injured victim and his or her Seattle personal injury attorney. The jury or judge must be convinced beyond a reasonable doubt that the injuries were caused by the negligent party and that those injuries led to significant physical, emotional, and mental anguish. Medical expense receipts, doctor’s testimonies, and calculations for lost wages are all very critical pieces of information that will be required during a personal injury trial.

We Fight for You

At Phillips Law Firm, our Seattle personal injury attorneys are ready to fight for you. If you or someone you love is injured in a car accident, motorcycle accident, or any motor vehicle accident, we can help. Contact the experienced Seattle personal injury attorneys at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.

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Washington State Senate Passes Three Controversial Workers’ Compensation Bills

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Created to protect employees and their families from financial hardship due to disabling work-related injuries, workers’ compensation may no longer provide Washington employees with adequate protection due to three controversial bills that recently passed through the Washington State Senate.

Here is a brief summary of the workers’ compensation bills recently passed in February 2013 by the Washington State Senate:

  • Senate Bill 5112 – Senate Bill 5112 will allow employers to assess the degree of an employee’s injuries to determine whether the employee is able to return work. Currently in Washington, an objective third party vocational counselor determines an injured employee’s ability to return to work. Those opposed to the bill state that having the assessment performed by the employer would deprive employees of an objective and fair assessment of their ability to work. They fear that under the new bill, injured employees could be moved through rehabilitation too quickly, in effect forcing them back to work prematurely or risk losing their workers’ compensation benefits.
  • Senate Bill 5127 – This bill will lower the age at which injured workers can enter into structured settlement agreements from the current age of 55 to 40. While bill proponents believe this will benefit injured workers by allowing them to take a settlement at a younger age, opponents of the bill claim that at the age of 40, it would be difficult to determine the long-term expenses resulting from a serious injury.
  • Senate Bill 5128 – Under this bill, injured workers will have the option to accept a lump sum cash settlement for medical benefits and income replacement rather than receiving ongoing workers’ compensation benefit payments. As with Senate Bill 2127, opponents of this bill believe it could deprive injured employees of benefits if the lump sum payment does not adequately cover unanticipated future expenses. Those who favor the bill believe it will save the state money and reduce disability premiums for employers.

Given the recent passage of these workers’ compensation bills, it is more important than ever to consult an experienced Washington workers’ compensation lawyer before filing a claim. If you have suffered an on the job injury in Seattle, Bellevue, Everett, Tacoma or elsewhere in Washington state, contact Phillips Law Firm at 1-800-708-6000 for a free evaluation of your case. Our Washington workers’ compensation attorneys are up-to-date on the recent Washington workers’ compensation reform and can help you obtain maximum benefits for your work-related injuries.

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Alabama Widow Files Granuflo Lawsuit

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Life is difficult for patients suffering from kidney failure and undergoing frequent dialysis. It seems unthinkable that someone going through this could have to face increased health risks due to a potentially dangerous medical product used during dialysis. Unfortunately, that is a reality for many renal patients who have suffered from heart attacks or other serious complications due to the use of Granuflo. Even worse, it appears that Granuflo’s manufacturer, Fresenius Medical Care, had knowledge of the increased risk of heart attack or sudden death associated with their product, but failed to notify physicians and patients properly of the risks prior to the FDA recall in 2012.

Alabama Widow Files Granuflo Lawsuit

On February 25, 2013, Tanzella Leary filed a Granuflo wrongful death lawsuit in U.S. District Court Northern District of Alabama. According to Mrs. Tanzella’s lawsuit, she alleges that her husband Darian died after suffering severe injuries and damages, including cardiovascular death, after he received the dangerous dialysis drug Granuflo. She is seeking all costs and expenses associated with her husband’s death, burial, and funeral; compensatory damages for medical expenses, and compensation for emotional distress, loss of enjoyment of life, pain and suffering. If the court deems it appropriate, she is also seeking punitive damages.

The U.S. Food and Drug Administration issued a Class I Recall for Granuflo Acid Concentrate in March 2012 based upon claims that Granuflo increases the risk of cardiac arrest by six times in kidney dialysis patients who have received the product. According to the FDA, this dry acid concentration manufactured by Germany-based Fresenius Medical Care, appears to have a higher concentration of acetate or sodium diacetate than similar products manufactured by other companies. This can lead to dangerously high serum bicarbonate concentrations in patients receiving dialysis treatment, a condition known as metabolic alkalosis. Elevated bicarbonate levels are linked to low blood pressure, cardiac arrhythmia, and other conditions that may cause cardiac arrest and even death.

If you or a loved one has suffered a heart attack or other adverse health conditions due to the use of Granuflo during kidney dialysis, you may be entitled to take legal action against the manufacturer to receive compensation for pain and suffering. Your first step before filing a lawsuit is to choose the right Granuflo lawsuit attorney to handle your case. You need an attorney who understands the technical details of Granuflo lawsuits and who will fight tenaciously to achieve a fair settlement for your injuries.

Due the complex nature of medical product defect lawsuits, it is imperative that you consult with an experienced Granuflo lawsuit attorney before taking action. While many attorneys have experience handling defective medical product cases, you should seek an attorney with specific knowledge of the technical aspects involved with Granuflo cases. The Granuflo lawsuit attorneys at Phillips Law Firm have handled countless Granuflo and other defective medical product lawsuits for clients nationwide.

If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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New Hampshire Woman Left Legally Blind After Using Generic Drug

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When Karen Bartlett took the non-steroidal anti-inflammatory drug Sulindac in 2004 to treat her mild shoulder pain, she never imagined the horrors she was about to endure. Within weeks of using the pain pill her skin began to slough off so aggressively that she lost nearly 2/3 of her skin and had to spend almost two months in a burn unit. In addition, she spent several more months in a medically induced coma. The severe allergic reaction damaged her lungs, her esophagus, and left her legally blind.

She took her horrifying story to court and sued Mutual Pharmaceutical Company, the manufacturer who made the pain pill Sulindac. Her attorneys argued that the drug itself was dangerous and defective and a jury agreed and awarded her $21 million for her injuries, pain, and suffering. An appeals court upheld the verdict.

Now, the Supreme Court is hearing arguments this month to decide whether Mutual can actually be held liable for Linda Bartlett’s injuries and the outcome could have serious repercussions for pharmaceutical companies, federal regulators, and patients across the country. This decision will come nearly two years after the Supreme Court severely limited conditions under which consumers of generic drugs could sue the manufacturers. In 2010, the Supreme Court ruled that since generic manufacturers did not have control over their warning labels, they could therefore not be sued for their drugs risks. This case, however, is a bit different. Bartlett’s attorneys did not argue that the warnings were inadequate; they argued that the drug itself was manufactured defectively and was dangerous.

Federal law prohibits all generic drug manufacturers from deviating from the brand-name drug they are copying and Sulindac is no exception. They copied a drug similar to ibuprofen which was approved in 1978 and sold by Merck. Mutual is appealing the court’s original decision based on the fact that they did not have any right to change the drug’s design.

This case is of utmost importance to pharmaceutical manufacturers and consumers across the nation for two reasons:

  • If the Supreme Court agrees with Mutual and rules that generic drug companies cannot be sued for defective products, then consumers and patients will have little recourse when they are injured by a defective generic drug.
  • If the Supreme Court rules in favor of Ms. Bartlett, then individual juries and large trials could lead drug makers to remove valuable medicines from the market.

Like all non-steroidal anti-inflammatory drugs, Sulindac carried a warning label that patients could develop a rare but serious reaction known as Stevens-Johnson Syndrome.

National Dangerous Drug Lawsuit Attorneys

If you or someone you love has been harmed after taking a dangerous drug, it is important to know that you are not alone; the national dangerous drug lawsuit attorneys at Phillips Law Firm can help. We represent patients across the United States who have been injured or hurt after taking a dangerous drug. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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5 Steps to Take after a Seattle Car Accident

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At some point in life, the vast majority of us will be involved in an automobile accident or motorcycle accident. When this occurs, the steps you take immediately following a car accident can make a significant difference to the outcome of your personal injury case. If you are involved in a Seattle car accident, there are 5 main steps you can take to protect your rights and ensure that you receive the maximum compensation.

5 Steps to Take After a Seattle Car Accident

    • Dial 911 or Contact the Police—if you are injured, it is critical that you seek medical attention immediately. Call 911 or contact the police as soon as you are involved in an accident so that you are able to file an accident report and obtain the medical treatment you need. Even if you do not believe that you are injured, it is wise to take a trip to the emergency room anyway. The full extent of head injuries and soft tissue injuries are not always apparent until hours or even days after a traumatic event. The physician’s report and the accident report will be invaluable to your Seattle personal injury attorney if you decide to file a lawsuit against the negligent party.

 

    • Gather Evidence—if you are physically able, get the names and contact information of any witnesses at the scene of the accident. Use your cell phone to snap pictures of the accident, damage to your vehicle, traffic lights, and intersection. Try not to move your vehicle until the police arrive, in order to preserve evidence of the crash and so the police can establish clearly who is at “fault”.

 

    • Keep Conversation Minimal—car accident victims often sabotage themselves and their case in rather innocent ways. Even a simple “I’m sorry” can be twisted in court against you. Refrain from speaking with the other party until the police arrive. Only discuss your accident with the police and never admit fault. You may not be the one responsible for the accident, so it is best to avoid placing blame on yourself at this time.

 

    • Notify your Insurance Provider—once you have been medically cleared and you have spoken to the police, you can notify your insurance provider of your accident. Do NOT talk to an insurance adjuster, however, without first speaking with a Seattle personal injury attorney. Insurance adjusters often try to get injured accident victims to admit partial fault in order to decrease their company’s liability—and ultimately your settlement.

 

  • Contact a Seattle Personal Injury Lawyer Immediately—an experienced Seattle personal injury attorney can handle the insurance companies so you can focus on your recovery. Your attorney will be able to protect your rights and ensure that you are compensated for your injuries and for any damages that have occurred.

We Fight for You

At Phillips Law Firm, our Seattle personal injury attorneys are ready to fight for you. If you or someone you love is injured in a car accident, motorcycle accident, or any motor vehicle accident, we can help. Contact the experienced Seattle personal injury attorneys at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.

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Complications from Medtronic’s Infuse Bone Graft

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When Alan (not his real name) received a cervical spinal fusion two years ago, he never imagined the misery he would go through. When he woke up from surgery, he immediately knew something was wrong. He felt like he was choking, and although the doctors told him it would improve, it never did. Instead, it just got worse and now he coughs and chokes constantly.

Another patient, Cathy, received an Infuse bone graft and immediately began experiencing pain so severe that it caused her to use Fentanyl patches for over a year. She developed a severe spinal infection and has had to have two blood transfusions. Her surgeon told Cathy that her back looks like Swiss cheese and she expects to live her life in pain because of her Medtronic bone graft.

Patients who received a Medtronic Infuse bone graft in the cervical spine or lumbar spine have reported numerous medical complications and life-threatening symptoms, including:

  • Difficulty breathing and swallowing
  • Trouble speaking
  • Compression of the airway
  • Neuropathy and permanent nerve damage
  • Broken cervical bones or lumbar bones
  • Excessive bone growth in the neck or back
  • Radiating pain
  • Implant dislodgement
  • Male sterility, retrograde ejaculation, or other urogenital injuries
  • Acute swelling
  • Cancer
  • Osteolysis
  • Infections
  • Inflammatory reactions
  • Death

Medtronic is now in serious legal trouble concerning the use of their Infuse bone graft—especially in off-label use. Nearly 75% of all Medtronic lawsuits stem from the use of their bone graft in the cervical spine-something that it was never approved for. Yet Medtronic allegedly encouraged the off-label use of their Infuse product and this has caused serious injuries and deaths to hundreds of patients across the country.

National Medtronic Lawsuit Attorneys

If you or someone you love has suffered a major medical complication because of Medtronic’s off-label use of Infuse bone graft, it is important to know that you are not alone. To learn more about filing a Medtronic lawsuit call the experienced Medtronic lawsuit lawyers at Phillips Law Firm today. Call us at 1-800-708-6000. Our national Medtronic lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation.

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Jury Awards Prolift Mesh Victim $7.7 Million

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When Linda Gross received the Prolift transvaginal mesh implant in 2006 to treat her pelvic organ prolapse, she had no idea what the future would hold for her. Since her surgery, Gross’ life has turned into a nightmare. Her organs grew around the mesh device, causing severe pain and infection. Consequently, she had to undergo 18 surgeries to remove the transvaginal mesh implant; however, none of the surgeries were able to completely remove the entire device. She has also undergone over 400 medical consultations that included office visits, physical therapies, and prescriptions and she was forced to resign from her job as a nurse due to the debilitating pain.

Linda Gross’ case was the first case among over 1,800 transvaginal mesh cases that are pending against Johnson & Johnson and Ethicon. The lawsuit alleged that the Johnson & Johnson Prolift transvaginal mesh implant was not safe and contained defective design flaws. In addition, they believed that the manufacturer failed to issue adequate warnings regarding their Prolift transvaginal mesh implant.

Jury Awards Transvaginal Mesh Victim

On Monday, February 25th, a jury decided that Johnson & Johnson and its subsidiary Ethicon failed in their duty to properly warn doctors and surgeons about the many complications associated with their defective Prolift transvaginal mesh device. As such, these doctors were unable to offer their patients an accurate picture of the risks and complications that could occur by choosing the Prolift mesh device. They awarded Linda Gross $3.35 million for lost wages and the physical damage that occurred due to her transvaginal mesh implant. On Thursday, February 28th, this same New Jersey jury ordered Johnson & Johnson to pay Linda Gross an additional $7.76 million in punitive damages. Johnson & Johnson has said that they plan to vehemently appeal the award.

Since this was the first of nearly 2,000 cases against Ethicon and Johnson & Johnson, this verdict will most certainly impact the thousands of other lawsuits that are currently pending against them and other transvaginal mesh implant manufacturers, such as C.R. Bard and Boston Scientific.

National Transvaginal Lawsuit Lawyers

If you or someone you love has been injured from a transvaginal mesh product like the Johnson & Johnson Prolift, it is important to consult with a transvaginal mesh lawsuit lawyer. Call the transvaginal mesh lawsuit lawyers at Phillips Law Firm today at 1-800-708-6000. Our transvaginal mesh lawsuit attorneys have successfully represented patients that have been injured after using a defective product or taking a dangerous drug. We are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Driving Safely in Seattle

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Do you think you are a good driver? Unfortunately, so does everyone else, but the statistics say otherwise. Every year there are more than 5 million car accidents in the United States and more than 100,000 of those occur in Washington State alone. Morning commuters in Seattle know that traffic problems along Interstate 5 or Interstate 405 can be treacherous. In order to avoid being one of the statistics, here are some tips to help you drive safely in Seattle.

Tips for Driving Safely in Seattle

  • Take a Driver Safety Course—most safety experts agree that new drivers and even seasoned drivers would benefit from a safety course. Driver safety courses can help drivers with emergency preparedness, driving in hazardous weather, and avoiding catastrophic accidents.
  • Keep your Vehicle Properly Maintained—before you even hit the road, there are ways you can prevent a serious accident. Make sure that your vehicle has the right amount of oil and other important fluids. Also make sure that your tires are not worn and that they are adequately inflated. Check your brakes and brake pads frequently to ensure that you are able to stop in emergency situations.
  • Carry an Emergency Kit—it is always wise to carry a fully stocked emergency kit with you at all times. This kit should include water, bandages, roadside flares, emergency numbers, a blanket in the winter, and tire repair kit. It is also wise to carry an emergency card on your person that includes the number to your insurance company, loved ones, and an experienced Seattle personal injury attorney.
  • Put the Cellphone in the Glove Box—if you are too tempted to answer your cellphone or text while you are driving, then put your cellphone in the glove box. Talking and texting while driving is becoming a serious problem in the United States and contributes to thousands of accidents every year. Put all of your attention on driving and you will be able to avoid catastrophic accidents.
  • Eliminate Road Rage—while it is never fun to be stuck in traffic, it is important to remain calm at all times when you are driving. Road rage can cause you to run stop lights, speed through intersections, and pass vehicles inappropriately. If you find yourself getting angry while driving, try listening to more soothing music, pull off the road to calm down, or consider changing your morning commute. Sometimes even leaving for work 10 minutes earlier can make a big difference!
  • Unless you are at a Seahawks Game, Avoid Tailgating—the only appropriate time to enjoy tailgating is in a parking lot at a football game. While you are driving, however, maintain an appropriate distance behind the vehicle in front of you. You can do this by staying two seconds behind the vehicle in front of you. In icy or rainy weather, try to maintain a distance of at least 7 seconds between you.
  • Follow Speed Limit Signs—even though you may be in a hurry, it is best to avoid speeding. By driving carefully and cautiously, you may be able to give yourself time to maneuver out of dangerous situations. Speeding drivers do not always have enough time to stop in traffic and avoid accidents.

Seattle’s Best Personal Injury Attorneys

If you are injured in a car accident in Seattle, Bellevue, Everett, Tacoma, or anywhere in the State of Washington, the personal injury attorneys at Phillips Law Firm are here to help. We will do everything we can to ensure that your interests are protected and that you receive the maximum compensation after a catastrophic car crash. Contact the experienced Seattle personal injury attorneys at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.

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