Our Frequently Asked Questions Section Gives You the Information You Need to Know About

Have questions about your legal matter and are afraid to ask? If so, head on over to our FAQ section in which we tackle a variety of important topics that matter to you. Find answers to questions regarding car accidents, medical malpractice, unpaid overtime, and a variety of other legal subjects that may be affecting you. 
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  • My child has cerebral palsy as a result of an injury he suffered during birth. Do I need a care plan?

    While the childbirth experience can be stressful for many parents, for some families, the event is associated with a trauma that Physical Therapist With a Young Patientultimately leads to their child being diagnosed with cerebral palsy. When this occurs, many parents feel lost as to what to do. One way of coping while also helping your child is to adopt a care plan.

    A care plan is a road map with the aim of improving your child’s physical, developmental, and psychological development as he grows while living with cerebral palsy. A care plan is put together by the parents with the help and input of several professionals who work to assess a child’s abilities and limitations, decided upon treatments, and come up with accommodations that will improve what your child is capable of doing.

    6 Components of a Care Plan for Cerebral Palsy

    What exactly is a care plan? While every child’s journey with cerebral palsy is different, there are six common aspects of a care plan that should be considered:

    1. Assemble a care team to manage your child’s case. When a child has cerebral palsy, there are many different individuals and organizations that can be of assistance. It is crucial as the parent that you understand what types of support systems are available. You may find that your care plan team consists of health care providers in the home, medical care providers, people who can help you navigate government services, people who can help you navigate the education process, people affiliated with various community support teams, attorneys, counselors, and others.

    2. Obtain a formal diagnosis of cerebral palsy. Obtaining a formal diagnosis of cerebral palsy is not an overnight process. You must work closely with your child’s primary care physician in order to obtain the diagnosis, determine the cause of the condition, and establish the form of cerebral palsy. Your child’s doctor will also assess whether your child has associative conditions.

    3. Obtain an evaluation to understand the extent, location, and severity of your child’s motor impairment. Once your child has a formal diagnosis of cerebral palsy, the next step is to obtain an evaluation from an orthopedic surgeon. In addition, providers will evaluate your child’s mobility and motor skills, any associated conditions or co-mitigating factors, how he handles activities of daily living, the family dynamics at home, and his overall educational performance.

    4. Set goals for your child’s care. After your child has been thoroughly evaluated, the care team can help establish health care goals. Different providers will establish different sets of goals. Some of these goals may be short term, while others are long term. The type of goals may range from educational goals set by school administrators to mobility goals set by the orthopedic surgeon.

    5. Categorize your child’s care goals in accordance with care at home, medical care, government assistance, special education, community support and funding, professional services, and transitioning your child into adulthood. It is important to note that “professional services” should include the necessary legal services associated with your child’s condition. Many children with cerebral palsy develop this condition as a result of some form of negligence on the part of the health care providers involved with their birth. In these cases, the child and their family may be entitled to compensation. It is crucial to consult with a knowledgeable attorney who can assist your family through this process.

    6. Establish and maintain an ongoing record keeping system. Unfortunately for unknowing parents, medical professionals are only required to keep medical records for a predetermined number of years. Once that timeframe has passed, records can either stored or destroyed. To avoid any issues, we recommend that you keep an at home file of your child’s records. These records are crucial when it comes to setting your child’s goals, evaluating his progress, communicating with other health care providers, and applying for financial aid. These records are also vital in the event that something should happen to you and another caregiver needs to step in as the guardian of your child. He or she will not have had the benefit of being present since the beginning of your child’s health care journey and may need to rely on these records accordingly.

    The good news for parents of children with cerebral palsy is that most will go on to live long and happy lives. Establishing a care plan can provide you with a guideline as you work to help your child create the best life possible.

    If your child was diagnosed with cerebral palsy after a birth injury, it is important to take action in order to protect your family’s legal rights. We are here to help. We encourage you to check out our many case results to learn more.

     

  • I suffered severe adverse side effects after taking Zoloft, do I have a legal claim?

    For people suffering from depression, anxiety, panic attacks, or personality disorders, Zoloft is sometimes prescribed in an attempt to treat these often debilitating conditions. Zoloft is a form of selective serotonin reuptake inhibitors, or SSRIs, which are widely used throughout the United States by prescribing physicians and their patients. There are approximately 12 different SSRIs currently approved for use, with Zoloft being one of them. These SSRIs were designed to have fewer side effects than older drugs used to treat depression. Many of the SSRIs are also reportedly more effective than the older drugs used to treat the same conditions. Unfortunately, the use of Zoloft has since been linked to harmful, adverse side effects. People who took Zoloft and later suffered harm as a result may be entitled to legal action against the maker of the drug.

    How Zoloft Is Used to Treat Depression

    For people suffering from depression, anxiety, and other conditions, Zoloft is a popular choice among physicians for treating the condition. Zoloft is an SSRI and medications that fall under this category are known as reuptake inhibitors. Reuptake is the Image of a White Brain With a Bubble Pack of Pillsprocess in which neurotransmitters are naturally reabsorbed back into nerve cells in the brain. This occurs after the neurotransmitters are released in order to do their job of sending messages between nerve cells. The reuptake inhibitor works by preventing the reabsorption process from happening. Instead, the neurotransmitters temporarily stay in the gap between the nerves, known as the synapse. The hope is that by keeping the levels of neurotransmitters higher, communication between the nerve cells will be improved, thereby strengthening the circuits in the brain that regulate moods. Zoloft, like all SSRIs, specifically targets serotonin reuptake inhibitors. SSRIs therefore aim to increase the levels of serotonin in the brain. Serotonin is a brain chemical that is known to play an important role in regulating mood. Unfortunately, we now know that Zoloft can cause more harm than good for some users.

    Common Side Effects Associated With Zoloft Use

    Most patients who are prescribed a medication to treat a condition understand that there may be some mild side effects associated with the use of the drug. Unfortunately, some drugs later prove to be dangerous to patients—Zoloft falls into this category. The following is an overview of the side effects that have been linked to the use of the prescription drug Zoloft:

    • Stomach cramping
    • Nausea
    • Diarrhea
    • Increased sweating
    • Tremors
    • Drowsiness
    • Suicidal thoughts and behavior
    • Heart problems
    • Repressed libido
    • Erectile dysfunction
    • Fatigue
    • Insomnia
    • Headaches
    • Pupil dilation
    • Weight loss
    • Apathy
    • Birth defects

    While many of the potential side effects associated with the use of this medication are frightening, birth defects are among the worst. There are many different types of birth defects that have been linked to use of Zoloft when taken by a pregnant woman. These potential birth defects include the following:

    • Atrial septal defects
    • Persistent pulmonary hypertension of a newborn
    • Skull defects
    • Transposition of the great arteries
    • Spina bifida
    • Ventricular septal defects
    • Abdominal defects
    • Club feet
    • Tetralogy of Fallot (FOT) with pulmonary atresia
    • Congenital heart defects

    As a result of the dangerous risks associated with the use of Zoloft, the U.S. Food and Drug Administration (FDA) now requires the medication to carry a black box warning about the danger of suicide during the initial stages of treatment. In addition, the drug has been classified as a category “C” drug for use during pregnancy, meaning that animal studies have shown harm to the fetus when taking Zoloft during pregnancy. No trials have been performed on human subjects.

    As a result of the devastating injuries suffered as a result of Zoloft use, many patients are now pursing legal action against the drug’s maker, Pfizer. The plaintiffs in these lawsuits argue that Pfizer did not provide adequate warning about the risks associated with the drug’s use. If you took Zoloft and suffered injury, either to yourself or to your baby, it is important to take action quickly in order to protect your legal rights. We are here to help. We encourage you to check out our many case results to learn more.

     

  • I am considering whether to file a lawsuit after my child was diagnosed with Erb’s Palsy. Am I alone?

    When a woman and child experience a traumatic birth and delivery, Erb’s Palsy is one type of injury that can result. This condition is a type of brachial plexus nerve injury that affects movement and sensation in the arm. When the birth involves pulling, stretching, or tearing of the upper nerves that make up the brachial plexus network, some doctors apply too much force to the neck and shoulders when attempting to complete the delivery. Erb’s Palsy may be the unfortunate result. These injuries often happen during breech or otherwise difficult labors.

    3 Recent Cases Involving Erb’s Palsy

    After experiencing difficult labors leaving their children with birth injuries such as Erb’s Palsy, some women pursue legal action against their health care providers. If the health care providers were negligent when fulfilling their duties, they may be liable. Lawsuits involving physician negligence and Erb’s Palsy are occurring regularly. The following is a general overview of some of the more recent cases being filed:

    1. An Illinois woman alleges that her doctor and other healthcare providers at Alton Memorial Hospital provided her with negligent care during the delivery of her son, resulting in permanent birth injuries. The child now suffers from Erb’s Palsy. In the case, the woman reports that she was induced at the hospital on February 20, 2007. Her physician attempted a vacuum-assisted delivery. Despite using this tool, he was unable to deliver the baby’s posterior shoulder from the birth canal. The baby developed Erb’s Palsy, brachial plexus injuries, and a broken clavicle as a result of the traumatic delivery.
       
    2. A mother in Mississippi accused her physician of negligence leading to Erb’s palsy in her child. In late October, the mother filed a lawsuit against the doctor who attended the birth of her daughter. She also filed suit against the hospital where the birth occurred. In her suit, the woman accuses the doctor and the hospital of negligence that resulted in her daughter becoming permanently disabled. She was admitted to the hospital on November 7, 2012, to give birth. During the course of her labor, complications arose. The woman asserts that her medical team failed to recognize or determine the true size of her baby. In addition, the team allegedly did not contemplate using alternative birthing methods to keep the mother and child safe, such as a Caesarian section. Further, the medical team applied fundal pressure to the woman’s abdomen in an attempt to speed up the delivery process. The attending physician also reportedly pulled on the infant’s head in an attempt to get him out. The plaintiff in the case claims that the medical team breached the standard of care when it took these actions. As a result, she states that her daughter developed Erb’s Palsy secondary to shoulder dystocia.
       
    3. A Delaware woman claims that her doctor and health care providers committed medical negligence during the labor and delivery process on the day that her son was born. She states in her complaint that her son presented with shoulder dystocia during the delivery. She further claims that her physician, Dr. Peter J. Wong, applied excessive downward traction that resulted in Erb’s Palsy with C5-C6 upper trunk avulsion and suprascapular nerve injury on the child’s right side.

    When an infant’s shoulder becomes wedged behind the mother’s pubic bone, this is known as shoulder dystocia. As seen in the cases above, shoulder dystocia is clearly commonly associated complications that are later linked to Erb’s Palsy. When shoulder dystocia occurs, it is crucial for physicians to take the proper actions in order to protect the mother and baby. Doctors must respond appropriately and quickly in order to prevent long-term disability to the child. Unfortunately, some do not take the proper actions, such as ordering an immediate Caesarean delivery.

    If your child was diagnosed with Erb’s Palsy following a difficult labor and delivery, your physician may be responsible. It is important to take action in order to protect your family’s legal rights. We have helped many victims and their families pursue claims for compensation. We encourage you to check out our many case results to learn more.

     

  • I was injured at work, what should I do next?

    After an injury occurring as a result of an accident in the workplace, you may feel overwhelmed and confused as to what to do next. Injuries can lead to significant medical bills, a need for long-term treatment and rehabilitation, and an inability to return to work and earn an income to support yourself and your family. Each of these concerns can be traumatic for any injury victim. Fortunately, there are avenues available to pursue compensation after a workplace accident. You may be entitled to state run workers’ compensation benefits, private benefits paid under an employer run program, or damages from a third-party injury claim. It is important to know what to do after an injury in order to maximize your chances of obtaining the compensation that you deserve.

    5 Steps to Take After a Workplace Injury

    What should you do after a workplace injury? The following are five suggested steps:

    • Obtain medical treatment. It is important that you receive medical care in order to prevent additional harm after an accident.
    • Report your injury to the employer as soon as possible. If you are eligible for workers’ compensation benefits, you generally have 30 days from the date of the injury or from the date you knew your injury or illness was related to your job. If you do not notify your employer within that time frame, you may lose your right to obtain benefits. If your employer does not participate in the workers’ compensation program, the company’s own policy with regard to benefits and reporting injuries may be more stringent. Some employers require employees to report their injuries within as little as 24 hours.
    • Determine whether your employer participates in the Texas workers’ compensation insurance program. Your employer should have notified you as to whether it participates in the program when you accepted your job.
    • If you are eligible for workers’ compensation, complete an Employee’s Claim for Compensation for a Work-Related Occupational Disease and send it to the Texas Department of Insurance, Division of Workers’ Compensation. Typically, this must be sent in within one year of the date of injury.
    • Contact an experienced attorney. Whether you ultimately receive state run workers’ compensation benefits, benefits from your employer’s privately run injury benefits program, or compensation as a result of pursuing a third-party injury claim, it is crucial that you navigate the process with the assistance of an experienced attorney.

    When you are ready to learn more about pursuing compensation after a workplace accident, we are here to help.  We encourage you to check out our many case results to learn more about how we have assisted many other clients protect their rights after an injury.

     

  • Why was Zofran prescribed for use by pregnant women without being approved by the FDA?

    When a pregnant women is suffering from debilitating nausea and vomiting, also known as hyperemesis gravidarum, her doctor may feel compelled to find a medication that can help ease the unpleasant symptoms. The patient may be struggling to carry out daily activities as a result of the nausea, including the ability to work or care for older children. For this reason, many physicians have chosen to prescribe the anti-nausea drug Zofran to treat morning sickness. The medication was not specifically approved by the U.S. Food and Drug Administration (FDA) for this use.

    Why Zofran Was Prescribed for Off-Label Use

    When a physician prescribes a medication to treat a condition in a manner that is not specified in the FDA’s approved packaging label, this means that the drug is being used off-label. The off-label use of Zofran to treat morning sickness has since been linked to birth defects. Why would doctors have prescribed the drug for this use if doing so was potentially dangerous? The following is an overview:

    • The process of prescribing drugs for off-label use is legal and common.
    • GlaxoSmithKline advertised the use of Zofran as a safe treatment for morning sickness. Unfortunately, we now know that not only was the drug not approved specifically for this use, but it also has been linked to dangerous birth defects. In addition, the company did not properly evaluate all of the data to ensure that the drug was safe for this use.
    • The FDA regulates drug approval, not drug prescribing. In other words, the FDA regulates whether a drug is approved, and for what uses and doses. It does not, however, oversee how doctors actually choose to prescribe the drug. Physicians are free to prescribe a drug for any reason they believe to be medically appropriate.

    Unfortunately, many patients who take drugs for off-label uses are not told that the drug is being used in this way. This can create a false sense of security that the drug is safe for use. Pregnant women therefore may have chosen to take Zofran at the recommendation of their prescribing physician under the false assumption that the medication was approved for use during pregnancy. We now know that use of the drug during pregnancy can lead to birth defects.

    If you used Zofran during pregnancy and suffered harm as a result, we are here to help. Check out our many client testimonials to learn more about our work representing victims of dangerous drugs.

  • Could I have been at a higher risk of developing an infection after the use of a Bair Hugger warming device during my surgery?

    While performing knee or hip replacement surgery, physicians have used the Bair Hugger forced hot air warming device to prevent or treat hypothermia in millions of people. One of the biggest risks associated with a surgical procedure is a drop in a patient’s body temperature. Warming blankets are designed to regulate body temperature during surgery. Unfortunately, however, 3M’s Bair Hugger warming device has been linked to deep joint infections when used during knee or hip replacement surgeries. Some patients may be at higher risk for developing these infections based on their current medical condition.

    Factors That Increase the Risk of Infection During Hip or Knee Replacement Surgery

    When the Bair Hugger device is used during hip or knee replacement surgery, patients with the following conditions may be at an increased risk of contracting a deep joint infection:

    1. Obesity
    2. Poor circulation to the hands and feet
    3. Diabetes mellitus
    4. Immune deficiencies, such as lymphoma or HIV

    Also, patients who are undergoing immunosuppressive treatments, such as chemotherapy or corticosteroids, may also be at increased risk of infection.

    While a knee or hip replacement surgery can have a positive outcome for many patients, those who are left with a deep joint infection may suffer from significant financial, physical, and emotional losses. Fortunately, the manufacturer of the Bair Hugger device may be liable for these damages. If you suffered an infection caused by the use of the Bair Hugger device, we can help. Check out our many client testimonials to learn more about how we have helped other families obtain the compensation that they deserve.

  • Am I entitled to compensation for my medical expenses if I was injured by an infection caused by the Bair Hugger forced-air warming system?

    During a hip or knee replacement surgery, it is imperative that the patient be kept warm. When a patient’s body temperature drops below normal, serious risks can arise. Doctors keep patients warm by using various types of devices that help regulate body temperature. One such type of device is the Bair Hugger, which uses forced air and a blanket-like device to keep a patient warm during surgery. Unfortunately, the device has also been linked to deep joint infections because it can stir up contaminated air from the surgery room floor and deposit it near the surgical site. These infections have resulted in the need for repeated surgeries, amputation, and other complications. Patients may pursue compensation from the device’s manufacturer.

    7 Types of Damages After an Infection Caused by a Bair Hugger Device

    If you were injured as a result of the use of a Bair Hugger forced-air warming system during a hip, knee, or joint surgery, you may be entitled to damages for your losses and suffering. Examples of the types of damages that you may be entitled to include the following:

    1. Loss of income, including past and future wages.
    2. Permanent disability.
    3. Medical bills, including those relating to hospitalizations, doctor fees, surgical costs, and prescription medications.
    4. Rehabilitation costs.
    5. Loss of enjoyment of life.
    6. Emotional pain and suffering.
    7. Physical pain and suffering.

    While you may be entitled to pursue a claim for compensation, it is important to act quickly. Time limitations apply to your ability to file a claim. We have helped many such clients obtain the compensation that they deserve. We encourage you to read our client testimonials today to learn more.

     

  • Why does 3M continue to market and sell Bair Hugger if it can lead to dangerous infections during surgery?

    When patients undergo a hip or knee replacement surgery, many doctors throughout the country utilize the Bair Hugger forced-air Manufacturers Promote Use of Bair Hugger Forced-Air Warming Device Despite Riskspatient warming device. This device looks much like a blanket, and is designed to help maintain a patient’s body temperature during the procedure. Unfortunately, the device has also been linked to deep joint infections that can lead to permanent disability, amputation, and other risks. The Bair Hugger reportedly discharges air underneath the surgical table during a procedure, which then picks up germs and recirculates the contaminated air into the surgical site. Patients suffering from an infection following a surgical procedure involving the Bair Hugger have begun filing lawsuits against the makers of the device, 3M, and Arizant Healthcare Inc. Despite the pending legal actions against them, the companies continue to sell and promote the use of the device.

    4 Arguments Put Forth by the Makers of the Bair Hugger Device

    Why does 3M continue to encourage the use of the Bair Hugger device despite the pending lawsuits? The company has thus far responded as follows, making the below claims:

    1. The single-use Bair Hugger device reportedly does not heat the entire operating room to uncomfortable levels during the surgical procedure.
    2. Maintaining a normal body temperature during surgery has been shown to reduce the risk of surgical infections and other complications.
    3. The company is confident in the “safety and efficacy” of the use of the Bair Hugger device.
    4. The company notes that the device is used in millions of surgeries each year.

    Despite the company’s claims, some patients have undoubtedly suffered significant injuries as a result of an infection attributed to Bair Hugger. One patient required 15 surgeries to address his infection. Another patient had his leg amputated after an infection developed during a knee replacement surgery.

    If you suffered harm after a hip or knee replacement surgery, we can help you protect your legal rights. Check out our many client testimonials today to learn more about how we have helped other families obtain the compensation that they deserve.

     

  • I suffered a movement disorder as a result of Risperdal use, can I pursue compensation?

    For many years, the antipsychotic drug Risperdal has been prescribed for various uses among patients. Unfortunately, since its introduction to the market, the drug has also been linked to various adverse side effects for some users. One of these side effects is the development of a movement disorder. This movement disorder is also known as extrapyramidal symptoms (EPS), resulting in muscular and neurological problems. Victims suffering a movement disorder as a result of taking Risperdal may be entitled to seek compensation against the drug’s manufacturer.

    Symptoms of Movement Disorders Resulting From Risperdal Use

    Unfortunately for victims, the symptoms of a movement disorder are often embarrassing, tiring, and disruptive to daily life. These symptoms may include the following:

    1. Short, quick movements of the limbs, head, and tongue
    2. Slow, painful, twisting movements that are repeated over and over
    3. Involuntary noises such as grunting

    Some victims may find it difficult to go out in public because they are embarrassed by their condition, resulting in feelings of isolation. Victims may also suffer from such severe symptoms that they are unable to return to work. Movement disorders can remain even after a victim stops taking Risperdal.

    Fortunately, victims suffering from adverse side effects as a result of Risperdal use may be entitled to compensation for their suffering. This compensation may include both compensatory and punitive damages resulting from the use of a dangerous drug. We have helped many previous clients pursue the compensation that they deserve, and we can help you too. Get started by checking out our many client testimonials for more information.

     

  • I took Risperdal for an off-label use and suffered an injury, am I entitled to compensation?

    Johnson & Johnson, the largest pharmaceutical and health products manufacturer in the world, is the parent company of the maker of the antipsychotic drug Risperdal. At one time, this drug had yearly sales of more than $4.5 million dollars. Unfortunately, the use of this drug has since been linked to many severe and adverse side effects. It has also come to light that the drug’s maker aggressively marketed the use of the drug for unapproved uses. Many resulting lawsuits now accuse the company of having knowingly marketed the drug for these uses despite being aware of the associated risks.

    Risperdal’s Maker Reportedly Marketed its Use for 7 Off-Label Uses

    Fortunately for victims, it may be possible to pursue claims against the drug’s maker even if injuries occurred as a result of unapproved uses of the drug. What off-label uses did the company reportedly market the drug for? The following are seven examples:

    1. Attention deficit hyperactivity disorder
    2. Depression
    3. Alzheimer’s disease
    4. Anxiety
    5. Obsessive compulsive disorder
    6. Post-traumatic stress disorder
    7. Conduct disorder

    If you took Risperdal for an unapproved use and suffered injuries as a result, you may be entitled to compensation. It is important, however, to seek guidance from an experienced and knowledgeable legal professional. Victims may be able to pursue a claim for various types of damages, including compensatory and punitive damages.

    Interested in learning more about how we have helped other victims injured by the use of a dangerous drug? We encourage you to check out our many client testimonials for more information.