Power Morcellators and their Threat to Women’s Lives

Reports of power morcellators causing the spread of cancerous tissues, called uterine sarcoma, caused a stir in the medical field during the first quarter of 2014. This was followed by a safety communication notice issued by the US Food and Drug Administration on April 17, 2014, which discouraged doctors from further using a morcellator in laparoscopic (or minimally invasive) surgeries, such as hysterectomy (the medical procedure for the removal of the uterus and/or fibroids) and myomectomy (the procedure for removing uterine fibroids or myomas). Not long after, individual lawsuits started to be filed by women who have been diagnosed with the rare, but aggressive cancer leiomyosarcoma after having received a morcellation treatment.

A power morcellator is a medical device that is designed to mince large masses of tissues into tiny pieces. It is used in the minimally-invasive laparoscopic surgery. After its introduction in the early 1990’s it immediately became very popular due to the many benefits it provided, such as short recovery period for the patient, lesser blood loss, reduced chances of infection, and the very tiny incisions it required (about 0.5 – 1cm cuts on the abdomen, compared to the 5-7 inch incisions needed to perform the traditional abdominal hysterectomy).

Three of the most recognized power morcellator were the Gynecare Morcellex, the Gynecare X-Tract and the Morcellex Sigma, all from Ethicon, a unit of Johnson & Johnson and the world’s largest manufacturer of power morcellators. Despite its superbly designed and manufactured morcellators, though, Ethicon found it wiser to suspend all sales, promotion and distribution of the devices rather than find itself in another claims lawsuit.

The cause of the cancer women have been diagnosed with is uterine sarcoma, a cancerous tissue that is almost impossible to detect. The spread of this cancerous tissue happens during the removal of uterine fibroids; as the fibroids are minced, so are the cancerous tissues, making these spread easily outside of the uterus.

It will be wise for women, who may be suffering from cancer due to morcellation treatment, to immediately contact a morcellator lawyer who can help them understand the law and the best legal actions that will help them receive compensation from the manufacturer of the device they had been treated with.

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The Necessity of having a Personal Injury Lawyer in the Event of a Motorcycle Accident

Going for a leisure ride around town on your bike can be a relaxing experience after a stressful day or week on the job. Riding your bike to work or to wherever you intend to go can also be less stressful since it will be quicker to go around traffic.

Motorcycles continue to grow famous in the US and the rest of the world, especially to adolescents and young adults. It is the fastest, yet cheapest, way to work, to the grocery or convenient store or any other place. Motorbikes are easy to maneuver, light and easy to drive and (some) can even run as fast as cars. You also get the advantage of “cool factor” while riding your bike. Other bikers will respect you and want you to join them to hang out.

Such advantages of motorbikes, however, can also very well serve as disadvantages since their capability to drive past even through congested traffic easily puts them in danger of getting hit by heavier vehicles whose drivers may fail to notice their approach. And, worse, since riders have almost no bodily protection other than the helmet, the injury they can sustain, in the event of an accident, are almost always serious.

The National Highway Traffic Safety Administration (NHTSA) says that there are about 3, 500 motorcycle accidents in the US every year. Half of the number of the accidents involves riders who are drunk and the accident is usually collision with immobile objects, such as a telephone pole or a concrete structure. In the case of multiple-vehicle accidents collision may be between a motorcycle and a van, truck or (most commonly) car. Records reveal that liability in multiple-vehicle accidents is more often than not blamed on the other vehicle’s driver who may have failed to consider the biker’s right of way or who may have made a sudden, careless turn or abrupt lane change without checking first for a possible approaching vehicle.

Motorcycle accidents have not only caused severe injuries; these have also claimed the lives of so many riders. Sometimes too it is hard to determine who really caused the accident right after it occurs, or that even if the one at fault is obviously the other driver, the amount of compensation he/she would offer is much lower than what you legally ought to receive. Having a Massachusetts personal injury attorney there to defend your rights and fight for your interests would be a great boon at this time. A lawyer’s skills can help motorcycle accident victims build a case that is compelling and has a chance of receiving compensation from the party responsible for the injury.

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Wrongful Death and the Rights of the “Real Parties in Interest”

When natural disasters strike, besides damaging properties, these can also harm and injure people. Those affected can seek help from the state and can apply for benefits from their insurance provider to be able to recover from any losses. Though painful, victims can do nothing much since the destruction was through the act of Mother Nature; they can only prepare in order to hopefully reduce the amount and extent of damages and harm the next time another disaster hits them.

If the injury, however, happened due to other people’s recklessness or negligence, the simple thought of their thoughtlessness about your safety, thus, your injury, somehow makes the suffering more painful to bear due to feelings of anger or frustration.

There are different ways by which a person may be harmed or injured; some of these include; a motor vehicle accident, product defect, slip and fall accident, job-related accident and dental or medical malpractice. Worse than a severe injury which a person may sustain through gross negligence, though, is wrongful or untimely death. Whatever the effect of the harm committed against any person due to a reckless or negligent act, such harm will be called tortious act or civil offense and, under the law, the tortfeasor, that is, the person or firm which caused the injury, is legally required to compensate the victim for whatever damages he or she has been and will be subjected to.

In the event of the victim’s death a representative acting on behalf of the deceased’s survivors, also known as real parties in interest, can file a wrongful death claim or lawsuit. States have different stipulation with regard to who these real parties in interest could be:

  • The immediate family members: refers to spouses, children and adopted children. For unmarried individuals, immediate family would refer to parents;
  • Financial dependents, putative spouses or life partners: some states consider those who were financially dependent on the deceased, like a life or domestic partner, as among the real parties in interest. Some states also include a “putative spouse, ” or a person who, in good faith, believes that he or she and the deceased were married;
  • Distant family members: there are some states which consider grandparents, brothers and sisters as qualified to file wrongful death claims;
  • All those suffering financially: this stipulation covers anyone who is financially affected and made to suffer by the victim’s death; this is actually due to the loss of care or support resulting from death;
  • Parents of a deceased fetus: there are states that consider the fetus’ death a basis for a wrongful death claim. Other states, however, maintain that wrongful death lawsuits may only be filed by parents whose child was born, but died shortly after birth.

Most legal advisors, such as the team at the Law Offices of Williams Kherkher, suggest that you hire the services of a highly competent legal counsel who will be able to advise you with regard to your legal rights or the rights of the family of the deceased, as well as how to fight for such rights.

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Safety Technology for 18-wheeler Accident Prevention

As with anything else, most people turn to technology to solve their problems. When it comes to driving, motorists rely on their gadgets to enhance safety when they are travelling. The same applies to truck-trailers or semis, because it is a major problem when an 18-wheeler accident occurs. According to the National Highway Traffic Safety Administration, at least two rear-end heavy truck accidents occur hourly somewhere in the US. And when a big rig hits you, you will definitely know it.

It is therefore desirable that effective safety devices be installed in these highway behemoths. In general, the 18-wheeler accident prevention technique used for these devices is in the nature of a warning system. A typical safety gadget would give an alert whenever it detects that the driver is asleep, starts to drift to other lanes, or driving in an unsafe manner. Unfortunately, US highways are not designed for easy detection of legitimate and incidental obstacles, so drivers are subjected to constant, unnecessary and, eventually, ignored warnings. Whatever benefits that may have accrued from this system is offset by familiarity and the accompanying contempt.

There have been some developments on this front, however. There are some safety gadgets available that will actually apply the brakes when verbal warnings are ignored or go unheard (i.e. because the driver is asleep) and it becomes necessary. This will prevent or at least lessen the impact of an 18-wheerler accident considerably. Hopefully, more features of a similar kind will be incorporated in later versions of the safety devices currently being offered, such as something similar to the ignition interlock device required in some states for drivers convicted of driving while intoxicated or under the influence. Prevention is the best medicine, after all.

No amount of technology can replace responsible driving behavior, however. Avoiding an 18-wheeler accident rests mainly on the nut behind the wheel. If you or someone you know is ever injured in an 18-wheeler accident because the driver was over-fatigued, under the influence, distracted, or otherwise negligent, consult with a truck accident lawyer at once.

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How to Prevent a Motorcycle Crash

There is always something in the news about vehicular accidents, but a motorcycle crash report almost always involves a fatality. A motorcycle is particularly vulnerable on the road because of its inherent instability, the speed at which it can travel, its size and weight comparative to other vehicle types, and the lack of protective shielding for its rider, according to personal injury lawyer, Ali Mokaram. And yet because it is a fast, economical and convenient way to travel, more and more people are opting for motorcycles as their preferred mode of transportation, especially those above 125 cc.

Tips on Avoiding a Motorcycle Crash

Be conspicuous. Motorcycle riders have a tendency to wear dark clothing and safety gear because they don’t show dirt so easily and they look cool. But for safety’s sake it is better to opt for something bright or fluorescent so that you can easily be seen by motorists, especially at night. If you really like black, at least have chrome fittings on your ride, and turn on your lights even in daytime.

Avoid weaving. Because motorcycles are so maneuverable, it is tempting to dart in and out of moving traffic to gain the advantage in traffic. But not all motorists signal when they turn, and not all look before changing lanes. Even if they do, by the time they see you it may be too late. As much as possible, stick to one lane, and choose the lane with the least number of vehicles.

Keep distance. Avoid getting too close to other vehicles, especially if you are on the highway. Larger vehicles tend to suck you in as they pass by at high speeds, and there doesn’t have to be any actual contact for you to lose your balance or get flicked off the road like a fly. Maintain a safe distance between you and the vehicle in front of you and your sides.

Be defensive. In a head-on motorcycle crash, the bike rider is sure to come off worse. So if you want to keep on riding, be defensive when crossing intersections and rounding a blind curve by slowing down..

It is in the interest of anybody who is sharing the road with motorcyclists to observe some safety rules to prevent a motorcycle crash. So if motorcycle riders would take care of their side of the problem, motorists will do the same.

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What is a TBI hematoma?

One of the possible consequences of a traumatic brain injury (TBI) is a hematoma. Most hematomas are as a result of some kind of trauma, although not all hematomas occur in the brain. You have probably had some type of hematoma before after a fall, bumping hard against something, or something hits you with some force.

A hematoma is blood that has leaked out of a blood vessel and collected in tissue, where is can cause some swelling or edema (fluid collection) and pain if the quantity of blood is large enough. It presents as a swollen area similar to a bruise, but a bruise is flat while a hematoma tends to be raised. A hemorrhage is the active leaking of blood outside a blood vessel; once it stops, then it is considered a hematoma if the blood collects in tissue.

While all hematomas are to be avoided, most will resolve without any medical intervention. In some cases when the hematoma is quite large, it may be necessary to cut into the tissue to relieve the pressure. Hematoma in the brain is considered the most dangerous because even a little pressure on the brain can have serious consequences.

There are three types of hematoma in the brain due to TBI: epidural, subdural and intracerebral. An epidural hematoma is when blood accumulates between the lining of the brain (dura) and the skull because of trauma to the temple. It develops relatively quickly. A subdural hematoma, on the other hand, progresses more slowly but because it is under the dura, it is more difficult to get to in case surgical drainage is necessary. The worst type of brain hematoma due to TBI is an intracerebral one, where the leak is happening inside the brain itself. Surgical drainage or a craniotomy may remove the leak, but often the damage to the brain has been done. However, in intracerebral hematoma cases where there is a significant amount of blood, the patient will not survive without surgical intervention. The size of the hematoma in the brain is determined with the use of a CT scan and MRI.

If you or someone you know sustained a traumatic brain injury due to the negligence of others, you may be facing considerable expenses for the treatment, recovery and long-term care resulting from brain damage. Contact a TBI lawyer as soon as possible to recover damages.

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