Clark, Love & Hutson, PLLCHouston Plaintiff's Litigation Attorney | Clark, Love & Hutson, GP2024-03-19T07:18:41Zhttps://www.triallawfirm.com/feed/atom/WordPressOn Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506242024-03-14T07:18:54Z2024-03-19T07:18:41Zwe will explore what these recalls entail, why they are important and how you can ensure your safety.
What are medical device recalls?
Medical device recalls occur when manufacturers, distributors or the FDA determine that a medical product poses a risk to patients. These risks could stem from defects, malfunctions or other safety concerns. From implants to diagnostic tools and everyday devices, like insulin pumps, recalls can affect a wide array of medical equipment.
Protect your health
A recall signifies a potential threat to your well-being. Faulty devices can lead to severe complications, infections or even death. As a Texan, you deserve access to safe and effective medical care, and staying informed about recalls empowers you to make informed choices.
Act swiftly
Time is of the essence during recalls. Ignoring them could have grave consequences. By staying updated, you can take immediate action if you are using a recalled device. Whether it is reaching out to your healthcare provider or exploring alternative options, prompt intervention can mitigate harm.
Know your rights
As a Texan, you have legal rights. If you have suffered harm due to a defective medical device, you may be entitled to compensation. Understanding recalls ensures that you are aware of your rights and can pursue legal recourse, if needed.
How can you stay informed?
Visit the FDA Recall Database or sign up for email alerts. Keep your contact details updated with your healthcare provider to receive timely notifications about recalls.
Reputable news sources cover medical news, including recalls. Join patient advocacy groups to access crucial information about recalls and advocate for patient well-being. Regularly discuss your medical devices with your healthcare provider to stay informed about potential recalls can also ensure you are informed.
Conclusion
Medical device recalls potentially impact every Texan. By staying informed and taking proactive measures, you can protect your health and ensure accountability from manufacturers. Remember, knowledge is your greatest ally in safeguarding your well-being.
]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506232024-02-27T05:06:28Z2024-03-01T16:40:49ZDefective drugs can lead to severe injury or even death.
The sooner you realize that your medications are defective, the better. In this blog post, we’ll discuss some ways to know if your medications are defective.
Unexpected side effects
First, you should check whether you experience unexpected side effects. If you experience side effects not listed in the prescription’s information leaflet, it might signal a defect.
Third, look at the pill’s physical characteristics. Look for changes in color, texture, smell or taste of the medication as changes in any may indicate a problem or defect.
Packaging issues
Fourth, look for any potential packaging issues. Inspect the packaging for signs of tampering, damage or errors on the label.
FDA recalls and reporting
The U.S. Food and Drug Administration plays a vital role in ensuring drug safety. While FDA recalls are issued for some defective drugs, not all are recalled. It is essential to stay informed about recalls and consult your healthcare provider if you have concerns about your medication.
Check for recalls regularly and consult your healthcare provider if you have concerns. Report suspected defective drugs to the FDA using the MedWatch Online Voluntary Reporting Form. This allows the FDA to monitor drug safety and take necessary actions.
Legal actions
If you suffer harm due to a defective drug, you may be entitled to compensation. Pharmaceutical companies can be held liable for manufacturing dangerous drugs, failing to disclose information or inadequate testing.
Your health and safety are top priorities. Stay informed about FDA recalls, report any suspected issues and consider legal action if you have suffered harm from a defective drug.]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506222024-02-06T07:54:38Z2024-02-09T07:54:22ZUnraveling the concept of toxic torts
A toxic tort is a legal recourse for injuries stemming from exposure to harmful substances. This umbrella term encompasses various scenarios, like occupational exposure. This type occurs when workers face exposure to toxic substances in their workplaces, like asbestos, benzene or pesticides.
It also includes pharmaceutical drug exposure. This involves unintended side effects of drugs or instances where manufacturers mislead consumers about their risks or benefits.
Another type is exposure in the home. This takes place when individuals breathe or ingest substances like mold, lead paint or radon within their homes that are from their home or adjoining facilities or factories.
Finally, there are consumer products. This arises when individuals use defective products containing harmful chemicals, such as cosmetics, toys or weed killers.
Potential injuries resulting from exposure
Exposure to toxic substances can lead to severe, and sometimes fatal, injuries. Common consequences include respiratory issues or allergies, cancer, birth defects, skin rashes or burns, etc. Indeed, some injuries are only caused by toxic exposure, like Mesothelioma, which is a cancer only caused by asbestos. The nature and severity of injuries hinge on factors like the duration and amount of exposure, substance toxicity and individual health susceptibility.
Establishing a toxic tort claim in Texas
Proving a toxic tort claim in Texas is intricate and involves several key elements. First is exposure. Demonstrating exposure to the toxic substance and identifying the source, often requiring scientific testing, environmental sampling or expert testimony.
Second is toxicity. Establishing that the substance is harmful or dangerous to human health, backed by scientific evidence, medical records or expert testimony.
Finally, there is causation. Proving that the exposure caused the injury or illness, typically requiring medical evidence, epidemiological studies or expert testimony.
Identifying responsible parties in Texas
Liability in a toxic tort claim in Texas may extend to various parties, depending on the circumstances. A key liable party is often manufacturers as the companies producing or distributing toxic substances or products containing them are ultimately responsible for their harm.
You can often hold the facilitating party responsible as well. This could include employers if these entities exposed workers to toxic substances. It could also include landlords, owners or managers that exposed tenants to toxic substances. And, it could even include government entities that oversee the use or disposal of toxic substances.
However, navigating such claims requires addressing exposure, toxicity, causation and dealing with potential defenses from liable parties.
]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506062024-01-30T06:48:55Z2024-02-02T06:48:38ZPacemakers
A pacemaker is placed under the skin and connects to the heart with wires that send electrical signals that help regulate the patient’s heartbeat. They can be used for several types of heart conditions, including an irregular heart rhythm or a slow heart rate. For these patients, pacemakers are crucial ways to make sure the patient’s blood flow and blood oxygen levels are met.
Defects and injuries
One of the most common pacemaker defects is an issue with the battery. If the battery runs out, it can cause the pacemaker not to work properly or stop working entirely.
It is also important for the pacemaker to be checked for errors with its programming and for problems with the wires that connect to the heart. If these become disconnected, the patient’s heartbeat can become irregular. The patient can be hurt if there is a sensor malfunction as well.
The patient may experience symptoms like fainting, tiredness and dizziness, in addition to shortness of breath, chest pain and heart palpitations. They can also have bruising and soreness around the site of the pacemaker.
They can face a life-threatening situation if they have a drop in their oxygen supply, blood clots that can cause a stroke or other complications, and low blood flow to the heart.
It may be necessary to pursue compensation against the device manufacturer.]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506052024-01-22T11:13:19Z2024-01-25T11:13:01Zdangerous drug lawsuit.
Steps to take to build your defective drug lawsuit
To build the best case possible, a comprehensive analysis needs to be conducted on your claim. Only then will you know the facts of your case and how best to present them to a judge or a jury. With that in mind, here are some steps that can help you get where you need to be with your claim:
Seek medical treatment: Even if you think your symptoms are mild, you should seek medical care and follow all treatment recommendations made by your doctor. This will not only ensure that your condition is adequately addressed, but it can also create a paper trail of the medical expenses you’ve incurred as well as those that you’re anticipating. This evidence will assist in demonstrating the extent of your damages.
Track your other losses: The harm caused to you by a defective drug can be extensive and wide ranging. You need to capture all of it. So, be sure to retain receipts tied to your recovery, and keep a journal of your expenses and the impact your harm has had on your ability to enjoy a normal life.
Gather records: Documentation from the company that made, marketed, or distributed the drug in question is going to be pivotal in building your case. To get your hands on research, development, and marketing records, you’ll probably have to issue a subpoena. Even if the defense is leery to comply with your request or they become aggressive in their attempt to block it, don’t give in. You should have access to the information you need to build your claim.
Preserve evidence: Keep everything pertaining to the drug that harmed you. Keep prescriptions, bottles, and any remaining medication that you might have. You can also retain any marketing materials your received and additional information given to you by your doctor to show how it was misleading, inaccurate, or incomplete.
Talk to experts: Defective drug litigation is highly specialized and scientific in nature. To help the judge and jury understand the issues with the drug at hand, it’s best to have testimony from an expert who can boil them down into layman’s terms. Such an expert can also provide insight into applicable standards and how the defendant violated them.
Consider legal assistance: Given the complexities of these cases, many victims find it helpful to have an advocate on their side. While you certainly don’t have to go this route, it’s something you’ll want to consider as you analyze the challenges of your case and what you hope to get out of your claim.
Don’t be afraid to act on your defective drug claim
Taking legal action can be frightening. The process can be riddled with uncertainty, and it takes time, effort, and patience to get through it all. That can be tough to handle when you and your family are simply focusing on recovery.
Yet, a strong defective drug case can set you up for success, providing you with the closure and compensation you want and need. To learn more about what it takes to get through defective drug litigation while maximizing your chances of success, please continue to browse our website and read our blog for more information.]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506012024-01-18T08:50:21Z2024-01-23T08:50:02Zstoked fear about its safety. Those who have had an unexpected adverse reaction need to know what happened and why.
Investigative reports suggest heart pump has safety issues
The HeartMate 3 is a heart pump that has been used for people suffering from heart failure. It is approved by the Food and Drug Administration. Despite that, some have looked at the data regarding its safety and expressed fear. Two are former employees at the FDA.
In the past seven years, there have been over 4,500 incidents with this device. A subsidiary of the manufacturer analyzed the statistics and found that there were no issues in 90% of the cases in which the device was used. Still, there are assertions that the FDA has not been attentive to possible risks.
The HeartMate 3 is currently the only type of device that can be used for this purpose in the United States. Another similar device called HeartWare was removed from the market in 2021 because there was a belief that patients could be harmed. Abbott has dismissed worries about its device.
Two incidents reported by CBS News resulted in lawsuits. In one, a man died after a defect in the HeartMate 3 resulted in him suffering from several medical problems including strokes, organ failure and brain injury. In the other, the patient died when the same type of defect caused him to have strokes.
People impacted by medical device failures may need assistance
With many medical devices – like the HeartMate 3 – people are limited in their options to address potentially fatal health problems. That, however, does not mean the device should not be scrutinized with regulatory agencies and the manufacturers making sure it is safe for people to have implanted.
For people who have suffered a negative outcome from this or any medical device, it is imperative to understand what steps can be taken under medical products liability law. This can be crucial to being compensated for all that was lost and for companies to be held accountable.
]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=506002024-01-08T05:06:56Z2024-01-11T19:55:35ZMedical device defects
A hip implant is a relatively common type of medical device. It often has metal parts, which, if defective, can cause tissue damage and the implant itself can fail. This can cause the patient a significant amount of pain.
If a patient has been in an accident that affects their spine, they may need a bone graft. Bone grafts are used often in surgeries to fuse the spine, but defects in the devices used for this process can cause damage to the bones and nerves.
Pacemakers are used for cardiac patients but can fail if they have a battery error or are affected by a security incident that causes them to stop working. Likewise, defective insulin pumps can cause patient harm if they distribute the wrong insulin dose.
Other injuries
Medical device defects can cause a patient to have complications or reactions to the materials used, such as infections and inflammation. This may be especially true where the medical device breaks down and the patient is exposed to toxins.
Infections can occur where the medical device is not sterilized properly and a faulty device cause organ damage if it moves out of place. Patients can suffer from long-term, chronic pain or can be disabled because of the complications defective medical devices can cause.
Injured patients can pursue compensation for their pain and suffering and medical expenses, which often increase if they need corrective procedures.]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=505992023-12-28T05:03:14Z2024-01-02T19:26:15Ztreatment with a defective medical device have the right to sue the manufacturer or, in some cases, the prescribing physician, for monetary damages caused by the defective device. If the physician knew of the defect before prescribing the device and did not inform you of the risks, the physician may also be held liable for damages.
The basic liability scheme: strict liability
In most cases involving a design or manufacturing defect, the plaintiff must prove that the defendant was somehow negligent in the design or manufacturing of the device. In cases involving medical devices, the courts have eliminated the requirement of proving negligence. Instead, the plaintiff must prove only that the device was defective in design or manufacture and that the device caused injury to the plaintiff. This rule is known as “strict liability.”
The necessity for expert testimony
Despite the apparent simplicity of the strict liability rule, proving the existence of a defect can be especially difficult. For this reason, attorneys who represent plaintiffs often retain experts to offer testimony on the nature of the device and the illness or injury that it is intended to cure. Defendants will likewise call experts to defend the device in question.
Damages
In most cases involving a device or medication that is found by the jury to be defective, the plaintiff can recover lost wages, medical bills, pain and suffering, and other related costs and expenses.]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=505982023-12-07T08:07:07Z2023-12-12T08:06:23ZBut, what does it mean to say that a drug is defective?
What is a defective drug?
A drug is defective if it poses an unreasonable health risk to patients that take it. In other words, a drug is defective if it causes physical, emotional or psychological harms because of a design, manufacturing or marketing flaw.
Design defects
A drug has a design defect if its formulation or composition is inherently defective. For example, it contains toxic ingredients, or it has severe side effects. For example, the antipsychotic drug, Abilify, can cause compulsive negative behaviors like gambling, shopping, excessive eating and sexual behaviors.
Manufacturing defects
A drug has a manufacturing defect if the defect in the drug occurred during its manufacturing process, like during distribution, storage, packaging or production. This can be drug contamination, mislabeling, adulteration or dosage errors. For example, in 2019, some blood pressure medications were recalled because some batches were contaminated with NDMA, a known carcinogen.
Marketing defects
A drug has a marketing defect if there was a defect in its promotion or advertising. This can include inadequate drug use instructions, bad or omitted warnings, misleading or false information, etc. For example, GlaxoSmithKline paid $3 billion in 2012 to settle marketing defect claims because it failed to report safety data, among other defects.
How does it work in Texas?
If you have suffered injuries or damages as a result of taking a defective drug in Texas, you can likely sue the manufacturer, distributor or seller of the drug. However, our state requires you to prove three things. First, that the drug was defective. Second, that the defect was the cause of your injuries or damages. And, that you suffered actual losses or damages as a result of that defect.
]]>On Behalf of Clark, Love & Hutsonhttps://www.triallawfirm.com/?p=505962023-11-29T04:48:51Z2023-12-04T21:23:42Zpurchase a defective product that injures you or causes you some other type of harm.
Types of harm a defective product can cause
There are various types of harm that you can suffer from a defective product. Some are immediately obvious. Physical injuries such as bruises, burns or broken bones are signs of a defective product. A toy that a child chokes on could also be a sign of a defective product.
Other types of injuries from defective products might be more subtle. Internal damage to organs could cause organ failure or other medical conditions.
So, what should you do if you suspect you have been harmed by a defective product? First, you should seek immediate medical attention for the injury. Follow your doctor’s instructions for treating your injury.
Gathering your evidence
Document evidence of the injury. Take pictures of the product that you believed caused your injury and pictures of your injuries. Back the pictures up in case you lose them. This type of evidence is extremely important for proving negligence in a product liability case.
Write down what you can remember about the incident that caused the injury. Do this as soon as you can after the injury while the details are still fresh in your mind.
Include details about what you were doing before the injury. This will help if the defense tries to argue that your actions before you used the product were the cause of the injury.
Contact anyone who witnessed the accident. Ask for their information and see if they would be willing to testify on your behalf about what they saw.
Be careful about what you say
It can be difficult to not discuss your injury with others, but you should avoid talking about it on social media. If you want to talk about it, discuss it privately with trusted family and friends and do not do it in writing. Anything you say could be used against you or you or taken as admitting fault.
Finally, keep the products that you believe harmed you as evidence. This is a vital piece of evidence.
Next steps to take
One of the biggest challenges of a products liability case is determining who to sue. The product goes through several different distribution chains before it gets to you.
Following these steps after your injury can help protect your rights. You can then evaluate the situation to decide the right party to pursue your claim against. Proving the product that you purchased was defective can mean financial compensation for your losses.]]>