Atlanta Injury Lawyers Blog

Published on: February 27, 2012

Safety of NuvaRing and other Contraceptives in Question

Safety, dependability, and ease of use are what most women look for in a contraceptive. However, numerous lawsuits have been filed against NuvaRing and other drug companies claiming that some forms of birth control are not as safe as women think they are.

Some lawsuits have been filed claiming that women have been seriously injured after using NuvaRing birth control. While other lawsuits have been filed claiming that young women have died after using the contraceptive. Other lawsuits claim that consumers were not amply cautioned about the increased danger linked with the birth control.

NuvaRing has a mixture of Desogestrel and ethinyl estradiol. A study by the US Food and Drug Administration (FDA) found that the chance of having a cardiovascular episode was greater when woman used a contraceptive that contained 30 – 40 microgram of ehinyl estradiol, which NuvaRing has. Hormones in NuvaRing can also cause a user’s blood to clot easier. Blood clots that form in the legs can travel to the lungs and block vessel carrying blood to the lungs. Some are extremely critical of third and fourth generation forms of birth control because they believe that second generation forms of birth control are safer and just as effective. And they stress that Desogestrel is linked to a greater risk of venous thromboembolism, which can be fatal.

The FDA has begun listening to the fears and concerns over certain forms of birth control. At an advisory committee meeting this past December, the FDA listened to the testimony of parents of a 24-year-old woman who died. The parents believe their daughter developed a pulmonary embolism from using NuvaRing.
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Published on: February 27, 2012

Abilify Is Not As Effective As Once Thought

by Robert J. Fleming

A recent study that appeared in The Journal of the American Medical Association found that drugs like Abilify might not effectively treat acute stress. What’s more, the side effects linked with Abilify may be more hazardous than deemed necessary. Problems with Abilify and pregnancy and Abilify for children are other concerns associated with its use. For this reason, women who take Abilify and intend on becoming pregnant or who are already expecting should talk over their options with their doctor.

Drugs that are used to treat post-traumatic stress symptoms have roughly the same rate of effectiveness as placebos but have serious side effects. The study examined the use of Risperdal in the treatment of veterans with post-traumatic stress symptoms. Risperdal is an antipsychotic medication that is in the same class as Abilify and Seroquel. Thus, experts have concluded that the same results could be found with Abilify.

The researchers discovered that military veterans who were given Risperdal to treat post-traumatic stress disorder had a comparable rate of recovery to veterans who were given a placebo. After being treated for six months, about five percent of the veterans in the groups recovered and 10 – 20 percent experienced some improvement. Thus, researchers concluded that the treatment with medication did not significantly benefit these veterans.
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Published on: February 27, 2012

How to Find an Attorney in Atlanta

by Robert J. Fleming

Finding a competent attorney in Atlanta is a lot more difficult than turning on your television and choosing one from the countless commercials on morning television. When searching for an attorney, don’t expect to find one simply by reading an advertisement or looking one up in the Yellow Pages. And don’t assume that the best lawyers are the most popular. Selecting an attorney is not a popularity contest. Nevertheless, there are sound ways of choosing one that best suits your specific needs.

Always verify a malpractice attorney’s credentials to ensure that he/she has a good reputation. The Better Business Bureau can inform you of any complaints filed against an attorney and if and when the complaint was resolved. Ask for the names of previous clients from the lawyer you’re considering hiring. They will give you good insight as to what the attorney in question is really like. Then again, the most reliable recommendations are usually from your family members and friends.

Prior to your first meeting with a prospective attorney, make a note of important facts pertaining to your case to share with him or her. Include the names, addresses and phone numbers of every person linked to the case. Moreover, bring all papers associated with the case. Some lawyers may want to review these papers before meeting with you. And make sure to inquire about cases that the attorney has handled that are comparable to yours.

Find an attorney that you can trust. For that reason, be patient in trying to get to know as many different lawyers as you can. Ideally, you’d like the personality of the attorney you choose to be well–suited with your own personality. And though you may never attain the perfect client – attorney relationship, his/her ease of access, proficiency, and ability to understand you are most important.

Lawyer referral services are another source of information. Some lawyer referral services carefully screen attorneys and only list the ones that have particular qualifications and experience. However, before choosing a lawyer referral service it is important to know what they’re qualifications are for an attorney to be included and how carefully they screen their lawyers.

You also can seek help through the Atlanta Bar Association. Tell them why you are looking for an attorney. They can help you find a lawyer that concentrates in your area of need. For example, you wouldn’t want an immigration lawyer to handle your personal injury case. It doesn’t matter how skillful they are in one area, it won’t qualify them in another area. Lawyers specialize in certain areas for a reason. Therefore, choose the one with the most experience and training in the area that you need.
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Published on: February 20, 2012

Dentist Investigated for Death of Second Child During Procedure

by Robert J. Fleming

Officers are investigating a dentist, after a 2nd child died while undergoing a procedure under his care.

This child, a 3-year-old boy, was undergoing a routine dental procedure at the dentist’s office. He was under anesthesia, and had been restrained in a pappoose. According to the child’s mother, during the procedure, the boy suddenly went limp, and stopped breathing. His lips became blue, and he was then rushed to hospital. However, he was pronounced dead on arrival.

The dentist had been suspended by the Board of Dentistry after the death of a 6-year-old child who also died while in his care. He was placed under probation after the suspension. In that case too, the child had been restrained in a pappoose, and was under local anesthesia during the procedure. That child also stopped breathing during the procedure. However, a medical examiner ruled that the child died due to natural causes, because the child suffered from cerebral palsy and several other medical conditions.
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Published on: February 17, 2012

Woman Dies after Contracting Legionnaires’ Disease in Dentist’s Office

by Robert J. Fleming

Among the many ways that a dentist or dental professional may be guilty of negligence is failing to ensure that treatment conditions in their clinic are 100% sanitary. An 82-year-old woman recently died after contracting Legionnaires’ Disease from a dentist’s office.

The 82-year-old woman had visited her dentist’s office for a routine procedure. A few days later, she fell ill, and died soon after. When health officials began investigating her illness, they found that during the time the disease was in incubation, she had left the house just twice, to visit her dentist’s office. They then inspected the water lines in the dentist’s office, and found that these were contaminated with the bacteria Legionella pneumophila that causes Legionnaires’ Disease.

This incident occurred under conditions that did not adequately protect the patient. Fortunately, water sanitation standards in the United States are much stricter than they have ever been and this should not be too much of a concern. The American Dental Association had convened a special task force in the 1990s that focused exclusively on infection prevention in dentist offices. The American Dental Association since then has made a number of recommendations to dentists to treat the water that is used in water lines to keep infection rates down. Obviously, a good development for patient care and well-being.
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Published on: February 13, 2012

FDA Investigating Sale of Handheld Dental X-Ray Units Online

by Robert J. Fleming

Most of the dental injuries that I come across as an Atlanta dental malpractice lawyer occur as a result of the negligence of dental professionals like technicians and dentists. However, sometimes injuries can also occur due to defective or malfunctioning dental equipment. The Food and Drug Administration is currently investigating the illegal sale of handheld dental x-ray units on the Internet.

According to the agency, dental professionals must be aware that these handheld dental x-ray units that are available online, may be potentially unsafe. The agency is not only concerned that the devices may not be as effective as those that are purchased from a retailer, but also that these devices may expose patients to harmful effects. For instance, the handheld devices may expose patients to potentially harmful radiation.

According to the Food and Drug Administration the handheld x-ray units were sold online, and were shipped to American consumers. The agency wants patients as well as dental professionals to know that these devices have not been approved by the Food and Drug Administration. The devices do not meet the agency’s radiation safety requirements.
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Published on: January 24, 2012

Dentist Who Used Paper Clips in Treatment to be Sentenced

by Robert J. Fleming

I’ve been litigating malpractice cases for over 20 years, and I have to say that it doesn’t get much worse than this: using a stainless steel paperclip in place of a stainless steel post during a root canal treatment. A dentist who admits that he made such appalling substitutions in the course of dental treatment, is set to be sentenced.

Last week, the dentist pleaded guilty to a range of charges. He admits that he used part of a paperclip in place of stainless steel posts to support a root canal on a patient. Besides dental negligence, the negligent dentist faces several other charges. According to investigators, he fraudulently billed Medicaid by performing dental procedures and having other dentists in his practice bill it to Medicaid. In all, he allegedly defrauded Medicaid out of approximately $130,000 between August 2003 and June 2005. During this time, he had been prohibited from working on Medicaid patients.

The charges also included drug charges against him. He used to prescribe addictive painkillers like hydrocodone and Percocet to members of the staff. The staff would procure the medications and give some of them to him.
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Published on: January 23, 2012

Vaginal Sling Complications Can Be Severe

by Robert J. Fleming

For many women, physical exertion, such as coughing, exercise, heavy lifting, or sneezing can cause an accidental leakage of urine. Stress Urinary Incontinence (SUI), as it is known, is the most common type of urinary incontinence found in women. Stress incontinence may be caused by a weakened pelvic muscles that supports the bladder and urethra or because the urethral sphincter is not working correctly. Weakness may be caused by:

Childbirth
Injury to the urethra area
Some medications
Surgery in the prostrate or pelvic area

Sometimes, vaginal sling procedures are performed in an effort to control stress incontinence. However, in July of 2011, the FDA advised doctors that most cases of pelvic organ prolapse can be effectively treated without the use of a bladder sling. Unfortunately, many women in the Atlanta metropolitan area who have had vaginal mesh implants have experienced:

Complications during sex
Corrosion of the mesh
Hardening of the mesh
Infection
Injury to nearby nerves
Pelvic Pain
Urinary problems
Vaginal pain and discomfort

Urinary incontinence is typically caused by an underlying medical condition that is usually treatable without the need of surgery. Moreover, there is no indication that bladder slings help women when its main use is treating pelvic organ prolapse. So, why the prevalence of the mesh slings. Pressure or incentives from the manufacturers to use them?

Manufacturers of these devices have failed to properly warn patients and healthcare practitioners of the possible problems associated with the vaginal mesh. Furthermore, surgery is only recommended after the exact cause of urinary incontinence has been found. Most of the time, healthcare providers will attempt retraining the bladder or Kegel exercises before surgery is even considered.
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Published on: January 16, 2012

Hulk Hogan Needs Surgery to Remove Effects of Dental Negligence

by Robert J. Fleming

Being a pro wrestler doesn’t help you deal with the mess that is left behind after a dentist has been negligent. Hulk Hogan found this out the hard way. The pro wrestler last week underwent surgery to remove a metal tack that had been left in his mouth after a dental procedure.

According to Hulk Hogan, in October, he underwent dental surgery to get implants. First, the dentist performed a sinus graft that placed a donor bone in the mouth. The donor bone was meant to support the implant. When the implantation process began, the doctor removed the mold, and in the process also tore out about 50 stitches from the donor bone procedure.

After the implantation procedure, Hogan suffered a number of problems, including severe discomfort and pain. The wound became infected, and even a course of antibiotics did not help.
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Published on: January 13, 2012

Latest Estimate: 1 in Every 200 Gastric Bypass Surgeries End in Death

by Robert J. Fleming

Each year, a number of people in Atlanta undergo gastric bypass surgery in an effort to lose weight. However, gastric bypass surgery is not a cosmetic surgery. It is a “last resort” procedure for persons suffering from obesity. But unfortunately, 35 to 40% of those who elect to have the procedure suffer harmful complications within the first six months following surgery.

One problem is the number of gastric bypass procedures that a surgeon can safely perform in a day. Since the need for the procedure has increased, it has become common practice for some surgeons to perform as many as five operations per day. If a surgeon performs the procedure too quickly or while he or she is too fatigued, the patient is put in danger. This can lead to medical negligence and serious, long-term injuries.

Another cause for concern is that the surgical stapler and staples used in the procedure are prone to malfunction, thus, causing fluid to leak from the gastrointestinal track into the abdominal cavity. These fluids are highly caustic and can harm other areas of the body. The Food and Drug Administration has documented some 9,000 cases of serious complications and 100 deaths caused by failed surgical staples and/or staples used in operations.

Other complications may include:

• excessive bleeding

• hemorrhaging

• hernias

• infections

• nutritional deficiencies

Some procedures were performed in facilities that were not properly suited in caring for obese persons. Consequently, such equipment as CAT scanners, operating tables, instruments, and other diagnostic tools were rendered inadequate due to the patient’s size. In other instances, medical practitioners failed to respond in a timely manner to patient complaints or simply failed to educate patients about post surgery recovery.

As I mentioned earlier, gastric bypass surgery is used specifically to treat obesity. Therefore, it is only considered beneficial for patients who are not less than 100 pounds overweight or who have a body mass index of 40 or more. Only under certain circumstances, such extreme cases of diabetes or cardiopulmonary problems, should the procedure be performed on persons with a slightly lower body mass index. Absent these rare extenuating circumstances, performing bypass surgery on someone who is not more than 100 pounds overweight is a form of medical malpractice. Therefore, patients should be wary of surgeons who try to “sell” them the procedure.

For many people suffering from obesity, gastric bypass surgery has enabled them to lose a considerable amount of weight. However, as we have seen, a number of complications can result after the surgery. Some of these complications may even warrant hospitalization of the patient for the entire length of the treatment, and close supervision upon release from the hospital to ensure that the problems have been corrected.
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