Jacksonville Personal Injury Blog

The C.R. Bard Company of New Jersey, is one of nine synthetic surgical mesh manufacturers whose products are used in women to treat stress urinary incontinence and pelvic organ prolapse. Avaulta is the best known Bard product, and despite the fact that the U.S. Food and Drug Administration (FDA) has received several thousand reports of complications from synthetic mesh, the Avaulta surgical mesh system is still on the market.

Of particular concern are the “arms” that are made of a form of plastic, a synthetic polypropylene mesh. Once implanted in the body, they grow into tissue and can adhere to organs, making them very difficult to remove. Complications may include erosion into surrounding tissue and organs, pain, nerve damage, migration of the mesh, and hardening of the plastic. The arms can be problematic to remove and, in some cases, surgeons will opt to leave the arms behind, sentencing the patient to a lifetime of pain and possibly disability. Other Bard products include Avaulta Plus, Avaulta Solo, and Avaulta Biosynthetic. Once the mesh is out, a woman may need reconstructive surgery to put damaged tissues back in place, such as reconstructing the vagina, the rectum, or the pelvic floor.

There is no wonder why the FDA suggested in its July 13, 2011 Public Health Notification that the risks associated with synthetic Avaulta mesh may not be worth the benefit.

At Farah & Farah, our Jacksonville synthetics mesh injury attorneys understand it is difficult to discuss your pelvic surgery complications. That is why we have assigned compassionate and understanding women to discuss your case and your injuries. A statute of limitations does apply so we have opened the door to a complimentary consultation. You will not have to pay anything for us to take your case unless we secure an award on your behalf. Our number is (800) 533-3555.

With thousands of transvaginal mesh and bladder sling mesh lawsuits filed in state and federal courts around the country, it’s becoming increasingly clear that they cannot be tried separately. Lawsuits filed against the major manufacturers - C.R. Bard, Ethicon, American Medical Systems, and Boston Scientific - have in some cases been consolidated with other lawsuits against the same individual manufacturer.

On Thursday, January 26th, a federal panel of judges met to consider whether all of the cases should be consolidated before one federal judge. The U.S. Judicial Panel on Multidistrict Litigation (MDL) met in Miami to decide whether all of the cases, numbering in the thousands, should be consolidated before one judge in the Southern District of West Virginia. Judge Joseph R. Goodwin is already overseeing the C.R. Bard surgical mesh lawsuits and is therefore familiar with the issues, which include patient injury and a failure to inform by the manufacturers who may have understood that their products were defective.

The Judicial Panel delayed making any decision on the consolidation request.

Cases heard in an MDL can use a similar set of facts and share in the discovery process, where each side asks for and receives documents from the other side that can become evidence in their case. Injured plaintiffs keep their legal bills down when they can all share in discovery. In addition, consolidating cases in an MDL avoids any conflicting court rulings that can come from different judges in different jurisdictions.

Synthetic surgical mesh is used to treat pelvic organ prolapse in women, as well as stress urinary incontinence. It is a petroleum-based polypropylene mesh-like substance, permanently implanted to hold up the organs in place when they have fallen within the body. Age, genetics, childbirth, and a lack of exercise are all thought to contribute to the conditions.

However, the U.S. Food and Drug Administration (FDA) reports a five-fold increase in complications such as mesh erosion, migration, shrinkage, nerve damage, and intense abdominal pain, as well as infection. And the FDA has no real handle on the actual number of complications because the manufacturers are not required to track them. The Jacksonville transvaginal mesh injury attorneys of Farah & Farah are sensitive to listening to your concerns following a mesh implant. There is a limited time within which to bring an action, so starting the conversation may put you one step closer to finding some resolution to your pain and disability. Call us at 1(800) 533-35555.

Source: http://www.transvaginal-mesh-lawsuits.com/

In May 2007, a Clay County Sheriff’s Office lieutenant who wanted to lose some weight opted to have laparoscopic gastric bypass surgery at a Jacksonville hospital. The day after his surgery, he collapsed and was in critical condition with respiratory failure. The man is now in a wheelchair, unable to walk, and suffering the effects of brain damage, but he understood enough to comprehend that on January 23, a Jacksonville jury awarded him and his family $178 million in damages for the negligence shown by the hospital.

The hospital was found to have erred when the patient suffered complications from fluid leaking into the abdomen, but it took eight days before the leak was fixed by follow-up surgery. During that time, he suffered a stroke due to low blood pressure. When his brain was deprived of oxygen and blood, he went into a coma for more than two weeks.

Now confined to a wheelchair, he cannot work, talk, feed, or bathe himself. Additionally, he did not receive eye drops for weeks during his care, burning his retina and causing loss of eyesight. He will need medical care for the rest of his life. The doctor, who had only performed about 21 bariatric surgeries, not enough to be accredited, has also settled with the man’s family.

At the time, the hospital claimed it was accredited on its pamphlet. Despite the blatant negligence and lack of patient care, the hospital plans an appeal for this Florida hospital malpractice case.

Farah & Farah’s Jacksonville medical malpractice attorneys send their condolences to this man’s friends and family. No amount of money will restore the quality of life he lost.

If you or a loved one has suffered from the negligence of a medical facility or professional, a medical malpractice action can bring your family some much-needed compensation. It also sends a strong message to medical professionals that patient safety comes first. While the money won’t do anything to restore this victim to the person he once was, it may help the next patient, as this hospital will certainly improve patient care after the jury has spoken.

Source: http://jacksonville.com/news/crime/2012-01-23/story/clay-deputy-awarded-178-million-lawsuit-against-memorial-hospital-doctor

The Florida Highway Patrol (FHP) would like the public’s help in finding the person who hit a bicyclist in New Port Richey and left the scene. The incident happened about 1:30 a.m. on January 19 when the 27-year-old cyclist was traveling southbound on County Road. TBO.com reports he was hit at a high rate of speed and the hit-and-run driver continued driving south. The man was taken to Bayonet Point Hospital and was later upgraded to guarded condition from serious.

Law enforcement is looking for a newer model two-door silver or gray car. It will have windshield and front end damage. A witness told the FHP the vehicle was seen at a Wal-Mart after the hit-and-run at Little Road and State Road 54. The car was being driven by a white female with brown hair in her late 20s wearing blue jeans and a tan shirt. She reportedly picked up a male passenger at the Wal-Mart. Anyone with information is asked to call FHP Trooper R. Evans at (813) 631-4020.

Florida Hit-and Runs

With 4,774 bicyclists hit in Florida in 2010 that resulted in 99 fatalities, Florida is among the top states for pedestrian and bicycle collisions with motor vehicles. The Florida bicycle accident attorneys at Farah & Farah would like to address this problem by offering a reward.

Turn in a hit-and-run driver by calling Hit-and-Run Reward and, if that person is convicted, you will be awarded $1,000 for doing the right thing. Farah & Farah has joined personal injury law firms around the country in offering this reward. The number is (800) 644-8678 and thank you for helping to take these dangerous drivers off the road.

Source:http://www2.tbo.com/news/breaking-news/2012/jan/19/driver-flees-after-hitting-bicyclist-in-new-port-r-ar-349150/

Lawsuits involving defective Avaulta vaginal mesh made by the C.R. Bard Company are getting one step closer to being heard. A judge presiding over the cases will hold a hearing this week to determine if eight cases will be ready for trial soon. These will be so-called bellwether cases with selected plaintiffs who represent some of the common problems women have suffered as a result of mesh used to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI).

Complications include: debilitating abdominal pain, mesh migration and shrinkage, perforation of organs, and repeat infections. Bard makes Avaulta, as well as PelviLace, PelviSoft, Uretex, Align, and Pelvicol.

Multidistrict litigation (MDL) consolidates hundreds of cases filed in courts around the country and puts them before one judge, who then becomes familiarized with the issues facing all of the plaintiffs. Multidistrict litigation saves plaintiffs the costs of individual trials in that it allows for a coordinated discovery process where the plaintiffs can share what is uncovered from the other side. The Judicial Panel on Multidistrict Litigation will hear arguments from both sides on January 26, including whether or not injuries in three different MDLs concerning Bard and other makers of mesh should be consolidated before Judge Goodwin in the U.S. District Court for the southern district of West Virginia.

Bard is just one of nine manufacturers of synthetic transvaginal mesh which has caused thousands of women to experience serious complications and even death. The plaintiffs contend the mesh makers knew, or should have known, that transvaginal mesh was defective in its design and that the mesh should never have been put on the market. The FDA issued a July, 2011 report that found a five-fold increase in complications and deaths associated with synthetic mesh.

With about 300,000 synthetic mesh products implanted in women in 2010, and no accurate numbers on the complication rate, the transvaginal mesh lawyers in Florida of Farah & Farah are talking to women from Florida and South Georgia who may be suffering in silence with the effects of this synthetic plastic mesh product. There is a statute of limitations within which to act, so call us at 1(800) 533-3555 and we can begin a complimentary and confidential consultation on your injuries.

The burned wreckage of this overturned vehicle makes it difficult to tell what model car it was. Two people died and two others were seriously injured in Ponte Vedra Beach early Saturday morning, January 21, when the 2005 Chevy Impala they were in crashed and overturned, causing the car to catch on fire. The single-vehicle crash occurred around 2:50 a.m. on A1A at Broken Pottery Drive. News4Jax.com reports the Impala was heading north when, for some reason, it ran off the left side of the road, then ran back across the road and went off the east shoulder where the Impala hit a tree, rolled over, and landed on its roof where it caught fire. The 23-year-old driver and his front seat passenger, a 24-year-old male, both from Jacksonville, were trapped in the burning vehicle and both died at the scene. The two back seat passengers, a 22-year-old female from Hortense, Georgia, and a 24-year-old from Jacksonville, escaped but were seriously injured. One woman was airlifted to Shands Medical Center in Jacksonville and the other went to Baptist Beaches Medical Center.

Comments to the Channel 4 site said two girls from nearby Ponte Vedra High School helped rescue the two young women from the burning vehicle.

A1A south of Mickler Road was closed for several hours after the crash. Our condolences go out to the two young men killed. Let’s pray the two women survive their injuries.

If I was a family member, I would want to understand what amount of fault the driver shared in this tragic accident. His estate could be held responsible for compensation to the family members of the two young women for their pain and suffering, as well as medical expenses and the cost of rehabilitation. The Florida car accident attorneys of Farah & Farah will always offer a complimentary consultation to discuss your options to seek justice for the injured.

Source: http://www.actionnewsjax.com/content/topstories/story/Two-killed-two-injured-in-fiery-crash/lwkPfLC3q02uS11Pjk4CiQ.cspx?rss=1; http://www.news4jax.com/news/Fiery-crash-kills-2-on-A1A-in-South-Ponte-Vedra/-/475880/8480576/-/10rs5f8/-/index.html

During the recent holiday season, the Florida Highway Patrol (FHP) conducted a “Drive Sober or Get Pulled Over” campaign to cut down on the number of alcohol-related traffic crashes.

The FHP has now released the initial results of that campaign. During the time period of December 16 through January 2, the FHP arrested about 500 for driving while intoxicated. At the same time, the FHP issued 36,000 citations across the state of Florida. Citations for drivers in specific cities have not yet been tabulated and released.

Fortunately, these campaigns seem to be working, as the number of citations were fewer than in 2010, however, the number of DUI arrests was up over the same holiday period.

The campaign runs nationally every year from December 16 through January 2. It's organized by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA).

Drunk Driving

Drunk drivers are involved in at least one-third of traffic crashes and roadway fatalities. Nationwide, at least 10,000 people were killed in fatal auto accidents involving drunk drivers in 2009.

The legal level of intoxication is 0.08 blood alcohol content (BAC). Anyone who has a BAC that number of higher is guilty of a drunk driving infraction. The penalties can range from jail time to the suspension of a license and fines. Eventually, a driver will lose his or her license to operate a motor vehicle. Unfortunately that doesn’t stop some people from driving.

Farah & Farah’s Jacksonville drunk driving victim lawyers recommend a zero tolerance policy toward drinking and driving for all Florida residents. If you are injured in a car crash that involves a drunk driver, Farah & Farah recommends making the phone call that will put an advocate by your side while you spend time recovering. The number for a cost-free consultation with our law team is (800) 533-3555.

Source: http://www.wctv.tv/home/headlines/FHP_Release_DUI_Stats_137217668.html

We don’t normally think of golf carts as dangerous vehicles, but a 75-year-old woman lost her life Sunday afternoon, January 7, when she lost control of the vehicle. The woman was on the Suntree Golf Course around 3:20 p.m., according to a report by the Orlando Sentinel quoting the Florida Highway Patrol (FHP).

The woman was making a right turn on Palm Brook Drive, but the golf cart instead ran into a fence, throwing the elderly woman to the ground. She was airlifted to Holmes Regional Medical Center in Melbourne where she later died. Her friends tell Central Florida News 13 they are dumbfounded by this tragic accident that took the life of a “sweet lady” who was a stickler for the rules of the game of golf.

Golf Cart Safety

Golf carts do not have seatbelts, and an FHP spokesperson says they encounter a number of golf cart-related crashes every year resulting in personal property damage and injury, but few involve serious injury or death.

The family may want to be assured there were no defective components of this golf cart that may have caused it to go out of control. An experienced Florida product liability law firm would investigate whether or not the brakes and steering on the golf cart were in working order. Was the roadway free of debris and the sidewalk even and free of cracks? An investigation would also include any eye-witness accounts of what actually happened since this is such an unusual turn of events.

Our law firm expresses its sincere condolences over the loss of this woman to her friends and family members.

The Brevard County personal injury lawyers of Farah & Farah will always offer a complimentary consultation after any personal injury accident. Call our number at 1(800) 533-3555 to start the conversation.

Source: http://www.floridatoday.com/article/20120109/BREAKINGNEWS/120109016/Suntree-woman-75-dies-from-golf-cart-wreck-injuries; http://articles.orlandosentinel.com/2012-01-09/news/os-golf-cart-elderly-woman-killed-20120109_1_golf-cart-accident-florida-highway-patrol-suntree

Florida Gov. Rick Scott has made no secret of his plan. He wants to reform the state’s personal injury protection, or PIP, insurance which requires every driver in Florida to have $10,000 in auto insurance to cover medical bills in case they are injured in a car crash. PIP goes back to 1972 and was intended to get a person medical benefits following an auto accident no matter who was at fault. But this is 2012 and some have seen PIP as a way to earn a fast $10,000 by staging accidents and fraudulently claiming injuries and lost wages.

Florida auto accident attorneys understand the reality that PIP still provides a safety net to keep some people afloat following an auto accident while traditional insurance may not.

Gov. Scott has been joined in his mission to overturn PIP by state Sen. Joe Negron who on Monday, January 9, filed a bill- SB 1860. The bill targets fraud which the Associated Press reports costs Floridians $1 billion every year. Some insured drivers who live in high fraud areas are paying several hundred dollars more in insurance premiums due to PIP fraud, according to the report.

SB 1860 would give hospitals the first chance at taking care of a PIP accident victim instead of clinics that are sometimes involved in the fraud. Some pain clinics with questionable practices would face losing their license. A recent Miami-Dade County investigation found regulatory violations in the majority of the 49 pain clinics visited. Among them, some clinics bill for medical services but have never seen a patient.

Stay tuned for changes to PIP during the 60-day legislative session.

Source: http://www.miamiherald.com/2012/01/09/2581177/sen-negron-files-bill-targeting.html

Because of a growing demand from consumers who don’t want antibiotics used on meat-producing livestock before slaughter, the U.S. Food and Drug Administration (FDA) on Wednesday, January 4, issued an order requiring farmers to stop using the antibiotic group cephalosporins. Unless meat is raised organically, just before animals are slaughtered, cows, turkeys, pigs, and chickens are injected with the antibiotic, purportedly to reduce the number of infections animals share in confined modern farming (also known as ‘factory farming’).

This is the same class of drugs that humans rely on to treat pneumonia, bacterial infections, salmonella infections, and other life-threatening diseases, reports the St. Augustine Record. Using the same drug in a food source renders them useless, and humans really need them to fight disease since the bacteria in the body has evolved to develop resistance to the antibiotic. Antibiotic resistant strains of superbugs have evolved in recent years, so supporters say it’s about time to stop using antibiotics in food sources.

The FDA says farm operators will still be able to use approved cephapirin products on animals to control disease and in so-called “minor species” of animals. Cephapirin is the first-generation of the cephalosporin antibiotic. Critics of the FDA say the announced ban does not go far enough because it still allows antibiotic use in meat-producing animals.

Since there are no new antibiotics on the horizon to fight bacterial infections, most medical professionals, as well as the FDA, consider it paramount to keep our modern-day antibiotics effective.

Cephalosporins are a broad spectrum antibiotics and a drug of last resort when other antibiotics have lost their effectiveness. Drugs for animals used for human consumption were supposed to be limited in 2008, but the Bush administration reversed the decision after heavy lobbying from drug companies and trade groups. Under the Obama administration, the FDA said it planned to take action, but had done nothing until Wednesday.

Source: http://ap.staugustine.com/pstories/health/20120104/937067127.shtml; http://www.fda.gov/AnimalVeterinary/NewsEvents/CVMUpdates/ucm054434.htm

A preliminary report from the National Transportation Safety Board (NTSB) on the cause of a medical helicopter crash near Green Cove Springs has been released. The Bell 206B went down in the early morning hours of December 26, killing a doctor from the Mayo Clinic Jacksonville, a medical technician, and the pilot. The three took off from Jacksonville and were on their way to Gainesville to retrieve a heart for a waiting transplant patient in Jacksonville.

The NTSB reports the flight took off at 5:37 a.m. from the Mayo Clinic Heliport in Jacksonville and crashed 16 minutes later. Its altitude varied from 200 to 700 feet. Seconds before the Florida fatal aviation accident, the Bell helicopter struck a tree at about 30 feet off the ground, though it’s not clear yet why this experienced helicopter pilot didn’t avert the collision. He had been at 300 feet above sea level in what is described as foggy conditions.

News4jax.com reports the flight plan was not filed and minutes before the crash the pilot called the air traffic control tower in Jacksonville to ask about a restricted airspace. There was no emergency call of any kind. The heart was never retrieved and its intended recipient went back on the transplant waiting list.

The Florida wrongful death attorneys at Farah & Farah extend their sincere condolences to the friends and family of everyone involved as well as the family members of the transplant patient waiting for the procured organ. This is a tremendous loss for everyone involved and the entire healthcare community of Jacksonville. The NTSB may take up to a year to determine what actually happened.

Source: http://www.news4jax.com/news/NTSB-Helicopter-struck-several-trees-in-crash/-/475880/7641050/-/13trds5z/-/index.html; http://jacksonville.com/news/crime/2012-01-04/story/report-helicopter-hit-trees-30-feet-clay-crash

A recent article on car sharing by AOL News warned that letting others take your car as a source of revenue could end up costing you more than you make. It’s not uncommon.

Some drivers let others drive their car or car share. The University of California Berkeley finds about 8,000 vehicles are used this way by a half-million people who partake in 27 programs across the U.S.

The programs are largely found in urban centers where Jolly Wheels, Getaround, and Relay Rides are based and help people connect to others who may want to rent their car for a short while.

The problem - your own auto insurance may not cover someone else using your car. The article said the insurance industry wants to discourage using your car for income because of the additional risk of an auto accident injury by renting your car to strangers who may not have good driving habits. They also may not know the roads or be out in inclement weather.

However, there are additional insurance policies to consider to be covered in a peer-to-peer car lending situation.

A $1 million personal umbrella policy will offer coverage when your standard auto liability coverage is exhausted. The cost is about $150 to $300 a year for the additional coverage. The umbrella liability is especially important if you have assets you want to shield, which can easily be exhausted following a devastating auto accident with injuries or death. This is true whether or not you share your vehicle with others.

The Clearwater auto accident lawyers at Farah & Farah recommend the million dollar umbrella policy under any circumstances because an unexpected auto accident can change your life forever. If you or a loved one is injured in a car collision, call us at (800) 533-3555 so we can help you decide the best course of action for your future.

Source: http://autos.aol.com/article/car-sharing-insurance/