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Medical Malpractice Claims Involving Johnson & Johnson Morcellator Device

Women who have uterine fibroids often go under the knife to remove the noncancerous tumors. One treatment option that some gynecologists have been using requires a morcellator device. Ethicon, a Johnson & Johnson subsidiary, has recently put a stop to the production and sales of these devices, due to the possibility that undetected cancers may be spread from their use by surgeons. Many medical malpractice claims have started following the halt of production.

A Danger to Women

The laparoscopic power morcellator devices distributed by Ethicon have come under fire from the U.S. Food and Drug Administration. The FDA states that women who have undiagnosed cases of uterine leimyosarcoma, a type of pelvic cancer, are at risk of their cancer spreading throughout the pelvic cavity as a result of the morcellation device. As a morcellator breaks up fibroid tissues, the cancerous cells can end up inside the abdomen and pelvis, lowering the chances of the patient’s survival.

Morcellation lawsuits have increased as more and more women come forward with tales of injury and injustice caused by their practitioners’ use of morcellation devices. Some patients claim that Johnson & Johnson knew of the risks associated with their devices and did not inform doctors or patients of the potential complications that could occur if used on women with undetected cancer.

Getting Legal Help

Treating noncancerous uterine fibroids is a fairly common procedure that should not result in pain or injury to patients. If you have been affected by the spread of pelvic cancer due to the use of a morcellator device during a treatment, you may qualify for a medical malpractice claim. An experienced attorney can help you receive the compensation that you deserve to pay for any medical bills or lost wages caused by your injury.

When you get assistance from an attorney, you can obtain justice for you as well as for any women who have been or could be harmed by a defective medical device. Call Snapka Law Firm at (361) 888-7676 or toll-free at (866) 888-7676 to discuss your defective medical products or pharmaceutical liability case.

How to File a Personal Injury Lawsuit

Sometimes an innocent person gets hurt because of someone else’s negligence. This is not only unfair, it is also downright wrong and can have extremely negative consequences on the victim’s life. If you have been harmed through another’s carelessness, it would be wise to schedule a consultation at a law firm to find out how you can protect your rights. By contacting an attorney, you can seek compensation for your physical and emotional wounds, medical bills, lost wages, and future earning power. In order to do this, you need to learn how to file a how to file a personal injury lawsuit.

Decide Whether You Have Grounds

Do you have grounds to file a lawsuit? If you have suffered harm through the fault of someone else, chances are that you do have grounds. Some possible scenarios where innocent victims are hurt through no fault of their own include kids playing with toys that explode, cribs that fall apart, medication errors, or medical devices that do more harm than good. Accidents happen, of course, but victims should not be held responsible for someone else’s mistakes. Although some insurance companies might step in immediately to offer compensation, accepting their first offer is not always the best solution. Instead, discuss the situation with a trained legal professional first.

Gather Evidence

It is important to gather and save all evidence: including police reports, medical records, and photographs of any damage that occurred. When you meet with a lawyer, this documentation will help him or her evaluate the strength of your case.

Meet With an Attorney

Find a personal injury lawyer in your area who has a reputation for obtaining settlements in similar types of lawsuits. For example, if you’ve been injured by a flawed medical device, find an attorney who has experience in filing personal injury claims that deal with the medical industry.

Learning how to file a personal injury lawsuit can change the outcome in your favor. Be sure to schedule a consultation with a legal representative soon after your accident so that paperwork can be filed with the courts in a timely manner. Call (361) 888-7676 or toll-free at (866) 888-7676 today at the Snapka Law Firm to schedule a free case consultation.

Have You Been Injured by Fibroid Removal Surgery?

fibroid removalWomen who have noncancerous tumors in their uterus might have to undergo fibroid removal surgery. During the medical procedure, a morcellator device might be used in order to assist the surgeon. If you underwent a morcellation procedure and were injured during the surgery, then you might be entitled to financial compensation.

You Are Not Alone

One of the reasons that morcellation is under such heavy legal fire is that the device has the potential to spread uterine cancer throughout a woman’s body. Because of this new-found risk, the medical devices have been subject to an advisory warning by the FDA.

In one instance a woman in New York was diagnosed with uterine cancer after she went in for a robotic-assisted hysterectomy. She filed a lawsuit the same month that she underwent the medical procedure and was diagnosed with cancer. In the lawsuit she alleged that the manufacturer of the device was aware of the complications and risks associated with using the device and failed to properly inform medical practitioners and the public of the hazards and dangers of using the device.

Seek Out Legal Help

If you have recently undergone a fibroid removal surgery, it’s a good idea to visit your doctor for a post-surgery checkup so that you can be sure that you are in good health. Even if everything seems to be okay, it’s always better to be on the safe side when it comes to your health. If it turns out that you have been injured in any way as a result of the surgery, it’s recommended that you seek the advice of a lawyer who has a background in medical malpractice and defective medical device lawsuits.

While you might be hesitant to seek the services of a lawyer, you owe it not only to yourself, but to any other women who might have been injured by the same device, as well as any women who may be injured in the future. In addition, you shouldn’t be made to pay for a product manufacturer’s negligence. Instead, call (361) 888-7676 or toll-free at (866) 888-7676 to schedule a free consultation with Kathryn Snapka, an experienced defective medical device attorney at The Snapka Law Firm.

When Day Surgery Turns Deadly: Cancer After Morcellation

morcellator device warningEthicon, a subsidiary of Johnson & Johnson, has temporarily ceased all sales, distribution and marketing of its laparoscopic power morcellators, medical devices which are used to treat patients suffering from uterine fibroids. According to the U.S. Food and Drug Administration (FDA), the devices may cause cancerous tissue to spread throughout the abdomen in women who have a type of pelvic cancer known as uterine leiomyosarcoma. If women suffering from undetectable uterine leiomyosarcoma undergo a laparoscopic power morcellation procedure, their chances of surviving the cancer are greatly reduced.

The Problem with Morcellation

A morcellator disburses cells of the fibroid as it decimates them for removal, which can be an effective treatment for women suffering from symptomatic fibroid disease. In women who also have undetected pelvic cancer, however, the cancer cells are also disbursed, causing them to be seeded throughout the pelvis. The FDA issued a safety communication about morcellation devices on April 17, warning patients and physicians of the risk of performing morcellation procedure on women with undiagnosed cancer. Following the morcellator device warning, the FDA began conducting an investigation into the role of laparoscopic power morcellation for fibroid removal. Johnson & Johnson has halted sales of its morcellation products pending the outcome of the FDA’s investigation. Sales of the following products have been suspended:

  • Gynecare Morcellex Tissue Morcellator
  • Morcellex Sigma Tissue Morcellator System
  • Gynecare X-tract Tissue Morcellator

Contact an Attorney Today

Morcellation has been promoted as an effective fibroid removal procedure that offers shorter recovery times and reduced scarring for patients, but it also has the potential of leaving the patient with stage IV cancer and a grim prognosis. If you or a loved one has been diagnosed with pelvic cancer after undergoing a morcellation procedure to remove uterine fibroids, contact a defective medical device attorney at the Snapka law firm today. Consulting with an experienced and board-certified attorney from the Snapka Law Firm can help ensure that you receive the compensation and justice you deserve. Call (361) 888-7676 or toll-free at (866) 888-7676 now to schedule a free consultation regarding your potential case.

Getting Compensation for Defective Medical Devices

medical-device-2One of the benefits of living in a first-world country is access to quality medical care, including cutting-edge medical devices such as pacemakers and hip replacements. However, while these inventions often help people bounce back after facing a debilitating disease or injury, there are instances in which medical device problems can arise. When this happens, people who have been injured through the use of defective medical devices may want to recover some of their losses by suing the product’s manufacturer and any other negligent parties.

Understanding the Civil Litigation Process

First and foremost, victims of defective medical products need to gain a full understanding of what the lawsuit process entails. Generally, the best way of doing this is to schedule a consultation with an attorney who is familiar with applicable state and federal civil court systems. There are a number of technical and time-sensitive issues involved in pursuing a negligence lawsuit, so it is a good idea to have someone on your side who can explain all of these details to you.

Types of Available Compensation

There are several ways in which victims of defective medical devices can obtain compensation for their injuries:

  • Settlements
  • Actual damages
  • General damages
  • Punitive damages

When parties come to a resolution out of court, it is called a settlement. For most plaintiffs these types of agreements are the ideal outcome, as they usually provide a quicker and easier way to bring closure than taking a case to court. Defendants may choose to settle if they believe they cannot win at trial, or are unwilling to invest the time and money required by a lengthy legal battle. Actual, general and punitive damages are types of compensation awarded to plaintiffs when their civil suits have been fully litigated and decisions were made in their favor.

If you are a Texas resident who has been injured as a result of using a defective medical product, you may want to seek the advice of a defective products lawyer in Corpus Christi. Consulting with an experienced and board-certified attorney from the Snapka Law Firm can help ensure that you receive the compensation you deserve for your injuries. Call (361) 888-7676 or toll-free at (866) 888-7676 now to schedule a free consultation.

Why Dangerous Drugs Lawsuits Are Becoming More and More Common

DrugWhen patients take medications, they trust that these products have been properly researched and vetted for safety. While this is certainly the goal of federal agencies that regulate such medicines, there are instances in which taking these drugs can cause serious injuries or fatalities. Some individuals who suffer such injuries choose to act on their right to sue any negligent parties; in fact, these dangerous drugs lawsuits are on the rise in the United States. There are a number of reasons for this growth, and three of the most pertinent are outlined below.

1. Increased Awareness

There was a time when lawsuits related to the medical field were kept under wraps. Recently, however, this has begun to change. Now litigation aimed at major pharmaceutical companies regularly makes headline news, which helps victims realize that there are legal remedies for the injuries they have suffered at the hands of these negligent companies.

2. The Severity of Injuries

Prescription drugs are designed to affect some change in a human body, so when they are improperly researched or pose a risk that is not adequately disclosed on the label, the effects can be severe. When unsafe drugs lead to a long-term disability or a wrongful death, injured individuals and their family members are often spurred to seek justice against responsible parties, in large part because these victims do not want anyone else to suffer the same fate.

3. Closer Scrutiny of the Healthcare System in General

In recent years, the United States healthcare system has come under increasing scrutiny for corruption and mismanagement. Multibillion-dollar pharmaceutical companies have naturally been a focal point, as their skyrocketing profits seem to indicate that they may be playing an exploitive role in this system. Closer examinations of these corporations has led to numerous discoveries regarding their negligence in manufacturing drugs, which has in turn led to an increase in dangerous drugs lawsuits aimed at them.

If you or a member of your family has been injured or killed as the result of consuming dangerous prescription drugs, you may have the right to pursue a civil suit against the drug manufacturer or any other negligent parties. Those who believe they have a viable claim may wish to speak with a product liability lawyer at the Snapka Law Firm. Call (361) 888-7676 or toll-free at (866) 888-7676 today to schedule a free case consultation.

Litigating Claims Involving Catastrophic Auto Accident Injuries

Auto accident injuriesWhen an auto collision involves a large commercial truck, catastrophic auto accident injuries or deaths often result. These serious injuries are very debilitating, and can sometimes lead to longtime or permanent disabilities for victims. When faced with such situations, many people consider filing civil suits against these truck drivers or the companies for which they work. Below are the answers to some common questions injury victims have when they are trying to decide whether they should file a claim for compensation.

1. What Is a Catastrophic Auto Accident Claim?

It can be confusing for lay people to sort through the legal jargon that is often thrown around in lawsuits. Sometimes these technical terms can muddle the fact that catastrophic auto accident claims are essentially tort cases in which the injured party is trying to show that a person or company behaved negligently, and that this negligence caused a very serious injury. In such cases, defendants can be required to pay damages in order to make injured plaintiffs whole again. For example, if a victim was in a crash with an 18-wheeler truck and can no longer work, she may be able to sue the company that owned the trucking business and receive payment to cover lost future wages and the cost of her medical treatments.

2. What Do Plaintiffs Need to Prove?

Because these are negligence claims, injured parties would need to prove that they were owed a legal duty by the defendants. Plaintiffs must also show that the defendants breached this duty, and that this negligence was the proximate cause of the plaintiffs’ injuries. If the injured parties suffered financial or emotional damages as a result of their accidents, they may be able to receive compensation to cover their emotional trauma and psychological therapy costs as well.

3. How Long Do Cases Last?

This is a very difficult question to answer because it varies from case to case. Depending on the circumstances surrounding your accident, you may be able to reach a quick settlement or you may be facing years of court battles.

These questions are merely a starting point for people who are considering filing negligence lawsuits against trucking companies. Those who have suffered catastrophic auto accident injuries may want to discuss their particular situations with a Corpus Christi auto accident lawyer in order to better understand the viability of their claims. To schedule a FREE consultation with a trucking accident attorney in Corpus Christi from the Snapka Law Firm, call (361) 888-7676 or toll-free at (866) 888-7676 today.

Product Liability Claims

Product liability claimsWhen a company manufactures a product, it is their duty and obligation to ensure that the product is as safe as possible. In situations where dangers are inherent to the use of a product, a company also has the obligation to adequately warn buyers of the risks that exist. If there is any failure on the part of a company to fulfill these responsibilities, consumers may be injured or even killed. When this happens, many injury victims find that filing product liability claims is their only recourse for recovering the compensation they deserve and for motivating manufacturers to produce products that meet the strictest of safety guidelines.

Types of Product Liability Claims

There are three main types of claims related to product liability. They are:

  1. Defective manufacturing
  2. Defective design
  3. Defective marketing or failure to provide appropriate warnings or instructions

In short, any failure by any party involved in the manufacture and distribution of a product to ensure the safety of consumers can result in a product liability claim.

How to Prove Product Liability

To win a product liability lawsuit, there are four basic elements that must be proven. These elements are:

  1. An injury or damage occurred
  2. The product was defective or lacked appropriate warnings
  3. The defect or lack of warnings was the cause of the injuries
  4. The product was being used for the purpose which it was intended when the injuries resulted

All four of these elements must be proven for a lawsuit to be successful. If there is any question as to the validity of any of these elements, the possibility of receiving compensation decreases significantly.

Types of Compensation

The most common type of compensation for product liability lawsuits are compensatory damages. This includes money to compensate for economic losses like medical bills, lost wages, and property damages. It may also include compensation for pain and suffering. In some cases where the defendant was particularly negligent or irresponsible, punitive damages are also possible.

Where to Turn for Help

Product liability cases can be complex and legal requirements may vary by state. Therefore, anyone that has suffered an injury or damages from the use of a defective product should contact a product liability attorney as soon as possible. All product liability lawsuits are subject to statute of limitations requirements, so quick action is often essential. For a FREE consultation with a product liability attorney at the Snapka Law Firm, please call (361) 888-7676 or toll-free at (866) 888-7676 now.

Car Accident Facts You Should Know

car accident factsA car accident can be an extremely scary and surreal experience, especially for those who have never been in one. Many people think it will never happen to them, and it is this type of thinking that often leads to risky driving behavior that greatly increases the chances of an accident. Some of the facts about car accidents are quite frightening, but very real. For instance, every single day over 130 million vehicles drive on the streets and highways of the United States. It is estimated that around four accidents occur every ten seconds among those 130 million vehicles. If you’re not alert and focused when driving, your vehicle could become part of those car accident facts and statistics that other people read about.

What To Do After An Accident

If you do become one of the 2 million people each year who are injured in a car accident, and there is another vehicle involved, it is very important to obtain the other driver’s insurance information – whether you were at fault or not. This allows you to submit a claim with your insurance company so the vehicles can be repaired and any injuries can be dealt with accordingly. You should also always call the police following any accident, whether there is another vehicle involved or not, to ensure everything that happened is recorded in an official auto accident report, including eyewitness accounts of the crash. If there are serious injuries or even deaths that result, it is advisable to get in contact with an attorney who specializes in motor vehicle accidents. The car accident attorney you hire should be Board Certified and specialize in personal injury law.

Don’t Be A Statistic

Car accident facts can be interesting, but keep in mind that every vehicle involved in an accident had at least one person inside, and they may have been seriously injured or even killed. Don’t allow that to happen to you or those you care about. Be sure to stay alert behind the wheel and to drive safely. If you are ever injured in an accident, call (361) 888-7676 or toll-free at (866) 888-7676 today to schedule a FREE consultation with an experienced auto accident attorney at Snapka Law Firm.

Auto Accident Information

auto accident informationAuto accidents happen every day on the busy roads and highways throughout Texas and across the country. When they occur, they often cause serious injuries, which require victims to file insurance claims to receive compensation for their medical bills, vehicle repair costs and other damages. If you were recently involved in a car crash, the following auto accident information can help you understand what you can do after the accident in order to help ensure a quick and equitable resolution of your claim.

Document What Happened

It is particularly important to document what happened before pertinent evidence has been cleared away. Take pictures at the scene of the accident using a camera or your cell phone. These can help prove your case to an insurance company. Witnesses are another great way to document the situation. They help to back up your story. Finally, make sure to contact the police so that you can get a police report of the accident. This report is also a helpful record of your accident that will come in handy if you later have to file a lawsuit.

Seek The Help Of An Attorney

Next, after it has been determined that everyone is okay, a police report has been filed, and the scene of the accident has been cleared, you should seek the help of an auto accident lawyer. Fighting a legal battle on your own can be a difficult process. It is important that you have someone you trust representing you. A qualified attorney can analyze your case and fight for your right to compensation for your injuries. Even better, he or she will generally get you a higher settlement amount than if you were to handle the case on your own.

Get Proper Medical Care

Furthermore, those seeking important information about auto accidents need to understand that it is essential to get proper medical care for the injuries they sustained during the accident. As long as you were not 100 percent at fault, you will be entitled to compensation for your medical costs. Also, your medical care helps build a case for the pain and suffering you are experiencing as a result of the accident.

This auto accident information can really help improve your chances of receiving a fair settlement in the event you are ever injured in a car crash. Obviously your safety is a priority; however, there are steps that you should take following the accident to help ensure a fair and swift resolution of your claim. Call Snapka Law Firm at (361) 888-7676 or toll-free at (866) 888-7676 to make an appointment for a FREE consultation with an experienced auto accident attorney.