South Florida Personal Injury Blog

According to recently investigated Mirena lawsuits, many women have suffered from adverse side effects after being implanted with Bayer’s Mirena IUD device. There is now sufficient evidence to show that Bayer used inappropriate marketing practices. Bayer has also been accused of designing and manufacturing a defective medical device. However, in order to obtain compensation for the injuries caused by the Mirena IUD device, each user’s medical records will have to be examined by a competent Mirena side effect lawyer to identify the relevant information that will obtain the right compensation.

As defective medical devices such as Bayer’s Mirena IUD device are tried under product liability laws, the relevant statute of limitations will apply. This means that women who have had the Mirena IUD device implanted and experience some of the symptoms associated with a defective device should contact a doctor as well as a Mirena defective device lawyer.

A lawyer with experience in filing defective medical device cases will be able to examine all the facts of the particular case and decide on the arguments to be used.

Continue reading "Time limits on Mirena Lawsuits" »

If a woman has had a Mirena IUD device implanted, she should watch for the symptoms that reveal a possible problem caused by it according to defective IUD attorneys. These symptoms include lower abdominal pain, inability to locate the Mirena IUD strings, heavy vaginal bleeding, bloating, rigidity, and abdominal pain, vomiting, nausea, fever, chills, and rapid heartbeat. If any of these symptoms occur, the woman should consult a doctor about possible Mirena complications. Additionally, she should also consult a lawyer with experience in fighting cases against negligent medical device manufacturers.

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In recent times a variety of drugs have been recalled by many big name pharmaceutical companies. For instance, Mirena injury lawyers in Fort Lauderdale are currently reviewing claims of injury sustained from the popular IUD. Additionally, the anti-cholesterol drug Crestor that has been shown to cause kidney problems, breakdown of the skeletal muscle tissue, and increase the risk of stroke and heart attacks. Additionally, Crestor is likely to aggravate kidney problems in those suffering from kidney issues, hypothyroidism, and those over the age of 65.
Hormone replacement therapy too has been found to cause severe health problems. It increases the risk of various cancers such as breast and ovarian. Additionally, HRT can also increase the chances of dementia even though doctors have been prescribing it to fight Alzheimer’s disease.

Drug injury lawyers often attempt to certify a class where injury from a pharmaceutical product that ultimately injured a large number of consumers.

Those who have been prescribed these recalled drugs as well as those who have been prescribed drugs for which the FDA now recommends a black box warning have the right to fight back against the pharmaceutical companies. They can claim compensation for the various side effects that they are experiencing as well as the health scare they now have to face.

While fighting a case against a pharmaceutical company is not easy, it is possible to do so through class action suits or mass torts apart from filing individual cases. The exact nature of the case to be filed will depend on the precise circumstances of your case.

When a doctor recommends a medical device to a patient, they and their families assume that the medical device will help alleviate the health problem and improve the quality of life of the patient. The patient often has to undergo painful surgery to get the medical device implanted. Besides, the patient and their family incur additional expenses to complete the medical procedure.

Continue reading "Defective Medical Devices and the Law " »

Defective medical device cases in the U.S. are tried under the product liability law or personal injury law. Medical device manufacturers are expected to obtain FDA approval before they market a product for specific health problems. However, there are a few loopholes that allow a medical device manufacturer to obtain FDA approval to release a product without testing it for side effects. This has led to product recalls after many patients have been affected by serious side effects.

Substantial Equivalence

The FDA allows medical device manufacturers to release products without testing if they claim a substantial equivalence to other approved products in the market under section 510(k) process. While this process reduces the time to market for new devices and the testing costs, it can lead to defective medical devices that cause serious injuries to the patient as did with the Johnson & Johnson ASR hip replacement device.

DePuy Recall

According to the law firm Gunn Personal Injury in Fort Lauderdale, Florida, the DePuy ASR hip replacement device that was designed in a metal-on-metal format and was meant for younger, more active patients requiring hip replacement.
When the National Registry of England and Wales revealed that almost 30 percent of hip replacements using the DePuy products were failing, Johnson & Johnson, which owns DePuy, contested this claim.

However, documents that were revealed after a recent lawsuit show that Johnson & Johnson’s internal findings showed a 40 percent failure rate within five years, with more devices expected to fail before the their normal lifespan. These numbers are in sharp contrast to the expectation that most hip replacements last 15 years.

Continue reading "Defective Medical Device Cases and The DePuy ASR Hip Replacement Lawsuit" »

A catastrophic personal injury usually refers to any serious bodily injury that requires substantial medical treatment. Such injuries typically leave a long-term or permanent impact on the life of the injured person. Sometimes the personal injury may be catastrophic, but prompt and effective medical care may help the victim make an excellent recovery. However, sometimes catastrophic personal injuries may result in prolonged pain and suffering, permanent disability, and may reduce the lifespan of the victim. Please note that this article is on civil law. Information about criminal arrests occuring in Fort Lauderdale should be directed to attorney William Moore.

Continue reading "Challenges for Victims of Catastrophic Personal Injuries" »

Do not Leave the Accident Site

If you are not the one who is physically injured, it is advisable that you stay at the scene of accident until the police arrive. In fact, even after the arrival of the police, you must offer your full cooperation and leave only when the police suggest that you are free to leave. This conduct will always go in your favor, if the accident results in a personal injury dispute. On the other hand, if you leave the scene of accident in a huff when the law requires that you wait for the police, it may lead to driver’s license sanctions or even merit the pressing of criminal charges

Continue reading "First Steps to take in Case of an Auto Accident Involving Personal Injury" »

If you are involved in an accident that has caused significant personal injuries to you, your first step usually would be to make a claim for compensation with an insurance company. In many such cases, the insurance company will try to contact you directly.

In fact, they will do it rather quickly so that they can arrive at a settlement with you before you can think of talking to a personal injury attorney. In case the insurance company has not contacted you first, it is your call to decide whether to contact them on your own or seek legal representation from a qualified lawyer.

Negotiating through an Attorney

If you believe you have a fair case for compensation, it may be a fabulous and poignant idea to negotiate with the insurance company through a personal injury lawyer, instead of dealing with them directly. The insurer’s side will be initially represented by their claims adjuster, or another representative who is in-charge of your claim processing and handling. It should be clear from the outset that the claims adjuster represents the interests of the insurance company, and not yours.

The claims adjuster’s mandate is clear that he or she must minimize the costs of the insurance company, and achieve a settlement with you that is heavily biased in favor of the insurance company. Insurance company representatives are experienced negotiators, and it usually becomes very difficult for the victim to argue in favor of a fair compensation with them. Personal injuries attorneys, like William Moore are in the best position to handle such tough negotiations on behalf of the victim.

Continue reading "Whose side is the Insurance Company On in a Personal Injury Case?" »

Personal injury in an accident can occur to any one at any time. If the injury may have occurred due to another’s fault, you may have a right to seek damages. In most cases, the best way to achieve the right compensation is to hire a Florida personal injury lawyer. You should know the avenues where to find a suitable lawyer in such an eventuality.

Continue reading "How to Find a Personal Injury Lawyer in Florida? " »

Florida overtime pay laws are applicable to covered employees of eligible employers as per the provisions of the law. However, certain employees are exempt from the overtime provisions as defined under the Florida Fair Labor Standards Act. Some employees may be exempt from both overtime pay and minimum wage provisions, or just the overtime pay provisions.

Employers should closely check the precise terms and conditions for each category of exempt employees in order to follow the provisions of the law accurately and avoid unpaid overtime violations. Any miscalculation or misclassification of employees in such matters may lead to legal action and penalties against the employer. Florida overtime lawyers can offer legal guidance to the employers to help ensure they follow the prescribed provisions as per the law.

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Recreational and sports injuries are a common phenomenon, particularly among children. Every year several hundreds of thousands of kids sustain injuries occurring as a result of a sport or recreational activity such as skating, bicycling, swimming, and adventure sports. Adults tend to be at a lesser risk of accidents during aggressive physical activities because their coordination is better and reaction time is faster and more accurate compared to children.

On many occasions, a sports or recreation related accident may cause head injury, which can be a severe form of personal injury. If the injury has occurred due to the fault of another party, the victims or their families may consult with a Fort Lauderdale personal injury lawyer to make a legal claim for compensation.

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