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The vast majority of major surgeries that require anesthesia come with risks. One of those risks is something called anesthesia errors. A variety of anesthesia errors can happen with an array of consequences. These consequences range from severe pain and adverse reactions to death. Talk with a New York City medical malpractice attorney if you suffered harm from anesthesia.

TYPES OF ANESTHESIA ERRORS

There are several types of anesthesia errors and consequences. Being aware of these errors can help you identify the cause of the harm you suffered. This is vital if you are considering filing a medical malpractice

claim for compensation.

Some of the most common anesthesia cases that lead to death include anesthesia overdose, adverse side effects, and pregnancy care mistakes. Less common causes of death from anesthesia are malignant hyperthermia and intubation complications. Some of these causes may involve errors while others may be out of the medical professional's control.

For example, certain adverse side effects cannot be foreseen by even the most trained medical professionals. However, if the medical professional was aware of prior adverse reactions or allergies in the patient and failed to take precautions, then this could be deemed negligent. Medical professionals who fail to assess for these factors may also be considered negligent.

Other anesthesia errors can be caused by failure to maintain equipment for anesthesia, operating without adequate training, and not properly administering anesthesia. Since anesthesia often involves multiple types of medications that need to be balanced, there is room for error in this aspect as well. In some cases, this can lead to anesthesia awareness.

HARMS OF ANESTHESIA AWARENESS

Not everyone has heard about anesthesia awareness when a patient wakes up during surgery. This can also take the form of being awake during the entire surgery but remaining paralyzed. The patient is unable to alert medical staff that they are awake while they feel the excruciating pain of the surgery.

This is a terrifying experience that can deter many people from undergoing surgery. However, anesthesia awareness is a rare experience. The causes of anesthesia awareness vary and may include anesthesia monitoring errors, tubing errors, user errors, and intervenors errors.

The harms caused by anesthesia awareness include the risks of shock, trauma, and the development of mental health problems. Severe emotional distress can lead to the development of lifelong struggles with post-traumatic stress disorder, anxiety, depression, and insomnia.

If the error that caused this harm can be traced back to negligence, then you might be able to file a medical malpractice claim. Consider contacting a New York City medical malpractice lawyer if you think you suffered harm from an anesthesia error.

NEW YORK CITY MEDICAL MALPRACTICE ATTORNEY

You may not have to pay for damages you suffered from an anesthesia error. Call the Sullivan and Brill Law Firm at (212) 566-1000 today to speak with a San Juan medical malpractice lawyer for a consultation. Our legal team can help maximize your compensation for medical expenses, pain and suffering, and lost wages. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

The harm caused by defective surgical mesh can be severe. Some patients suffer prolonged pain, internal organ damage, and life-threatening injuries. Medical bills to remove the surgical mesh and repair the damages caused can be expensive. You may not have to pay for these expenses if the manufacturer or surgeon was at fault. Discuss your situation with a New York City medical malpractice lawyer to find out if you can sue.

INJURIES CAUSED BY SURGICAL MESH

One of the most common types of surgical mesh associated with injuries to patients involves surgical mesh for hernia repairs. There have been many recalled surgical mesh implants associated with hernia surgeries.

Anytime a medical device like surgical mesh is reported as dangerous to patients, the device is recalled from consumer use.

Those who were harmed by defective surgical mesh tended to suffer various types of injuries. Some of the most common injuries caused by surgical mesh defects with hernia repairs include:

Many of these complications can become dangerous if left untreated. Organ obstructions and perforations can lead to severe consequences. Surgical repairs for these types of damages can be expensive. This is especially true for mesh migration when the mesh moves to a different location within the body. Mesh shrinkage can also inflict internal damage and pain.

HOW TO SUE FOR SURGICAL MESH INJURIES

You might be able to sue for surgical mesh injuries if you suffered harm as a result of negligence. The manufacturer of the surgical mesh or the surgeon who performed the surgical mesh procedure could be held liable. Filing a surgical mesh lawsuit requires figuring out who was at fault.

A doctor could be held liable if the doctor knowingly used a defective or recalled surgical mesh. There are several signs of negligence to be aware of. Doctors who claim you need additional surgeries due to mesh complications might be covering up a mesh defect. Some doctors may say this but then say the surgery is too risky.

The manufacturer of the surgical mesh could be held liable if they produced the mesh with a defect. This defect could exist in the design of the mesh or may have occurred during mass production. Design defects often lead to recalls because they exist in all released versions of the product.

Consider contacting a New York City product liability lawyer if you are unsure who was at fault for your injuries. An experienced lawyer can help you figure out who was responsible and collect evidence for your claim. Depending on the situation, you could be eligible for significant compensation.

NEW YORK CITY PRODUCT LIABILITY LAWYER

You may not have to pay for the damages you suffered from a defective surgical mesh. Do not hesitate to contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to talk to a Long Island product liability attorney for a consultation. Our legal team is ready to increase your chances of compensation for medical expenses, pain and suffering, and lost wages. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Almost every medication has side effects listed on the label. The primary reason for this is to avoid being sued. However, when a side effect is experienced but not listed on the label, then the medication company could be liable. If you suffered unexpected harm from a medication, then you might be able to sue the prescribing medical professional or medication company. Talk to a New York medical malpractice lawyer to explore your options.

HARMFUL MEDICATION SIDE EFFECTS

The Food and Drug Administration (FDA) describes adverse medication reactions, or side effects, as unwanted effects caused by a medication. In some cases, these side effects are common and mild, rare and severe, or rare and mild. Medications with common and severe side effects often do not make it into the market.

A single medication can cause adverse side effects but so can mixing medications. This can happen by accident when patients are prescribed multiple medications at once. These medication interactions can lead to worse side effects than if the medications were taken alone.

All of these are reasons why most medication labels have extensive lists of side effects and warnings. Many warning labels will instruct consumers not to mix the medication with specific types of medications. Some medications have labels that warn consumers against driving or operating heavy machinery due to the side effects.

Doctors are also expected to warn patients about potential adverse side effects. This includes side effects that could lead to high risks while driving. pregnant, or consuming certain substances like alcohol. Ignoring these warnings comes down to the liability of the patient. When no warnings are given, liability for harm falls onto the prescriber or manufacturer of the medication.

HOW TO SUE FOR SIDE EFFECTS

If you suffered significant harm from a defective medication and you were not warned about this harm, then you might be able to sue. Medical malpractice claims can be filed against doctors who fail to warn patients. A product liability claim can be filed against the medication manufacturer if a mistake was made with the product itself.

Filing a product liability claim related to medication side effects often comes down to identifying marketing defects. A marketing defect occurs when a product fails to properly label or provide instructions for safe use. Medications that exclude information and labels about side effects, negative medication interactions, and what to avoid while on the medication fit this standard.

Consider contacting a New York product liability lawyer if you suspect a marketing defect. Collect evidence by keeping the defective product, documenting your damages, and with copies of medical records.

NEW YORK CITY PRODUCT LIABILITY LAWYER

You could be eligible for compensation if you suffered harm from a faulty medication. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York product liability attorney for a free consultation. Our San Juan team of lawyers might be able to increase your chances of compensation for medical bills, emotional distress, and other damages caused by the medication. We serve clients in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

All it takes is one diagnostic error to change a patient's life in drastic ways. The effects of a diagnostic error depend on how severe the error is and what medical condition the person is dealing with. Some diagnostic mistakes involve minor effects while others can be life-threatening. You might be able to take legal action if this happened to you. All you have to do is discuss your situation with a New York City medical malpractice lawyer who can help.

HARM CAUSED BY DIAGNOSTIC ERRORS

The harm caused by diagnostic errors is more widespread than many people might think. Thousands of patients are injured or pass away each year in the United States as a result of diagnostic errors. Many of the patients who live are left with lifelong disabilities and impairments.

This is how one diagnostic error can change the rest of someone's life. Out of the thousands of medical malpractice claims filed each year, diagnostic errors represent some of the most common forms of malpractice. Compared to other forms of medical malpractice, diagnostic mistakes tend to lead to more deaths and disabilities.

Diagnostic errors can occur in several different ways. The three main types of diagnostic errors are missed diagnoses, delayed diagnoses, and wrong diagnoses. Missed diagnoses, the most common type, occur when a medical professional misses a symptom or sign and fails to diagnose a medical condition. When the medical condition is something as serious as cancer, the result of missing this can be catastrophic.

Delayed diagnoses can have similar effects on a patient with cancer. If a doctor fails to detect cancer soon enough, then this delays treatment which could result in cancer spreading. Wrong diagnoses may lead to unnecessary tests and treatments that fail to treat the underlying condition, wasting time and money.

HOW DIAGNOSTIC ERRORS HAPPEN

When it comes to diagnostic error causes, these can happen during almost any phase of the diagnostic process. The phases of the diagnostic process include presentation, history taking, physical exam, tests, assessment, referral, and follow-up. An error could be deemed negligent if there is reason to believe there was an act of commission or omission.

An act of commission can happen during diagnosing when a doctor does something wrong or incorrect during the diagnosis. This might be intentionally ignoring test results or symptoms. Omission happens when a doctor fails to do the right thing or fails to take the required steps in the diagnostic process.

You may not have to pay for your medical bills and other damages if your health provider acted negligently. Consider contacting a New York City medical malpractice lawyer if you have questions about suing.

NEW YORK CITY MEDICAL MALPRACTICE LAWYER

You may not have to pay for the negative effects of misdiagnosis. Call the Sullivan and Brill Law Firm at (212) 566-1000 today to talk to a New York medical malpractice attorney for a free consultation. Our Bronx legal team can help you obtain compensation for lost wages, pain and suffering, and medical costs. We serve clients in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

In April of 2019, the 3M Dual Sided Combat Earplugs multidistrict litigation (“MDL”) was created and assigned to Judge M. Casey Rodgers in the Northern District of Florida. The MDL includes lawsuits against 3M alleging that the plaintiff suffered hearing loss and/or tinnitus as a result of the use of the defective 3M dual-sided earplugs that 3M exclusively supplied to the military between 2003 and 2015. After its formation, Judge Rodgers appointed a plaintiff steering committee, which is a group of attorneys designated to organize and lead all of the attorneys throughout the country that are representing veterans in the litigation. This enables the attorneys to collectively work together, share resources and file cases against 3M in a uniform manner.

For the past year, the litigation has been in the discovery phase. Discovery is the process of obtaining the relevant documents and information related to building the case.  Hundreds of thousands of documents related to the design, manufacturing, marketing, safety testing and sale of the 3M earplugs have been produced, and sworn testimony has been taken from many witnesses with knowledge of these issues.

The judge has prioritized the production of documents and depositions relating to 3M's government contractor immunity defense. This defense would provide 3M Company with immunity from being sued. Recently, the parties have filed motions for summary judgment on this defense. Summary judgment is a process by which both sides present their evidence and written legal argument on whether a defense should apply in a case. Judge Rodgers will soon rule on whether the government contractor defense applies to this case. If Judge Roger's rules the way 3M is requesting, all of the cases will be dismissed. If the judge rules in favor of the plaintiffs, the defense will be dismissed, and the litigation will continue.

Simultaneous with discovery, the judge has been developing and executing a bellwether selection process. The bellwether selection process is a process by which a small number of individual cases are chosen for trial. Bellwether trials are the initial trials that are used to get a sense of how juries will evaluate the evidence to assist both sides in moving the MDL towards resolution. As of December of 2019, there were 139,693 individuals that had filed claims. Out of those, 1% were randomly selected to be considered for a potential bellwether case. Next, the cases were analyzed to identify characteristics that were most representative of the whole population. The characteristics found in that analysis were then applied to the 1%, which narrowed the pool to 175 individuals. Of those, 20 cases plus five alternate cases were chosen to be the bellwether trials.

The court has laid out a timeline for general discovery to be completed by July of 2020. Thereafter, discovery in the bellwether trials will be completed, and the first bellwether trials are anticipated to begin in the spring of 2021.

If you or a loved one has suffered hearing loss or tinnitus as a result of using the 3M Dual-Sided Earplugs while serving in the United States Military, please contact our office at 212-566-1000 to speak to an attorney that can help you. Sullivan Brill Personal Injury Attorneys in New York provide expert legal guidance for your defective earplug claims. Contact us today!

This month attorneys have filed a request to centralize the Allergan Biocell textured breast implants lawsuits into a multidistrict litigation, also known as an MDL. The Judicial Panel of Multidistrict Litigation, JPML, is a panel of judges who will decided whether to grant this request.  An MDL would consolidate the several class action lawsuits that have been filed, along with any individual cases that have been or will be filed since the recall of the breast implants into one litigation before the same judge.

The FDA has reported that women with Allergan textured breast implants have a six fold increase in the risk of developing breast implant-associated anaplastic large cell lymphoma, BIA-ALCL, a cancer associated with the recalled product, over any other manufacturer. The plaintiffs argue that these cases should be consolidated because of the number of women that have been affected and the commonality of their claims. Thousands of women have the recalled implants and hundreds have already began to exhibit symptoms of BIA-ALCL.

Although Allergan has agreed to cover the cost to replace the implant itself, it has not agreed to supplement any of the expenses associated with the replacement, such has the removal surgery or medical monitoring costs. The plaintiffs motion seeks to centralize the pending cases before the United States District Court for the Middle District of Tennessee or the United States District Court for the Central District of California. While the class action lawsuits have initiated the consolidation, individual BIA-ALCL claims will likely also be centralized into the MDL and will preserve their individual identities, utilizing the MDL processes while moving toward trial. Sullivan Brill Personal Injury Attorneys in New York are here to help victims seek justice and compensation for injuries related to these recalled implants. Contact us today for expert legal guidance.

Less than a month after textured breast implant manufacturer, Allergan, announced its voluntary recall, two women have filed a class-action lawsuit against the company.  On July 24th, Allergan recalled certain textured breast implants and tissue expanders. On July 30th, Allergan announced it will pay to cover the cost of a new implant itself, but will not cover the cost of the surgery to remove and replace them.

The two women who have filed the lawsuit allege that Allegeran was aware of the increased risk of developing BIA-ALCL and dismissed and downplayed the potential risks. Like many others, these two women have spent large sums of money unbeknownst to them that the product could increase their risk of developing cancer. The class action seeks to compel Allergan to cover the costs associated with explanting the recalled product and replacing them with a safe option.

The lawyers at Sullivan & Brill, LLP are currently representing women that have been implanted with these recalled breast implants and are investigating the strength of their legal claims. No one should have to deal with the anxiety and stress of living with a recalled product inside their bodies. A medical device manufacturer has a duty to ensure that the device is reasonably safe for its intended purpose and to warn consumers of the risks of which it is aware. If the medical device is not suited for its intended purpose or if the manufacturer is aware of risks, but does not warn of these risks, the company should be held responsible for the harm the device causes.

Contact Sullivan Brill Personal Injury Attorneys for a free consultation on whether you have a viable claim, call 212-566-1000 or complete the form on the right and one of our attorneys will contact you.

As more recalls on popular blood pressure medications rollout, users should check their prescriptions bottles and see if their medication has been recalled. Valsartan, Losartan, and Irbesartan are the Angiotensin II Receptor Blockers (ARBs) being recalled depending on the dosage, manufacturer and lot number.  The list of affected medications is not complete because the FDA is still undertaking testing of all ARBs to see if they are contaminated with the carcinogens. To see if the medication you are taking has been tested yet, and if so, what the results were, click here.

This week Teva Pharmaceuticals's voluntary recall list has expanded. Earlier in April, it recalled 35 lots of Losartan; now it has recalled an additional six lots possibly affected by the carcinogen.

The original recall states: “Based on the available information, the risk of developing cancer in a few patients following long-term use of the product cannot be ruled out”.

Teva, along with many other manufacturers, has been called on to account as to why this has occurred and to provide compensation to those who have been harmed by the medication.

The recalls which have been coming since July 2018 are the result of contamination with cancer-causing substances  during the formulatiion process. Three substances found to have contaminated many lots of Valsartan are N-nitrosodimethylamine (NDMA), N-Nitrosodiethylamine (NDEA), and/or N-Methylnitrosobutyric acid (NMBA).

A 2018 study in Denmark showed a 9% increased risk for cancer for people who ingested Valsartan contaminated with NDMA. Short term risks are still being evaluated, but the long term effects such as liver damage, stomach cancer, kidney cancer and colon cancer have been scientifically linked to the use of the contaminated drugs for longer than 6 months.

Search the full list of recalled angiotensin II receptor blockers (ARB) below by company, medicine, National Drug Code (NDC), lot number , or expiration date.

If you or a loved one has been diagnosed with liver damage or gastrointestinal cancer after extended exposure to Valsartan, Losartan, and Irbesartan, please call Sullivan Brill Personal Injury Attorneys today for a free consultation at (212)-566-1000.

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