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. 
  • Page 12
  • How are the claims being made against Bayer and Johnson & Johnson related to Xarelto use?

    When Xarelto was first approved for use in 2011, it was touted as a better alternative to the popular drug Coumadin. Doctors began to widely prescribe the drug as a result. Unfortunately, many patients have since suffered serious injury and even death due to their use of Xarelto. Even after becoming aware of these injuries and deaths, the drug’s creators, Bayer and Johnson & Johnson, reportedly continued to market the drug and failed to take steps to reduce these risks. Millions of Americans were exposed to the risk of serious injury as a result.

    Seven Failures of Xarelto Manufacturers That Have Led to Injury

    Patients injured due to Xarelto use are now pursuing legal action against Bayer and Johnson & Johnson. The companies stand accused of much wrongdoing, including the following:

    1. Failed to provide adequate warnings about the risks associated with the use of Xarelto.
    2. Failed to update its warnings when the severity of these risks became known.
    3. Failed to issue a “Dear Doctor” letter to physicians regarding the risks of Xarelto use after a large number of users suffered severe and life-threatening injuries.
    4. Failed to recall the drug after the use of Xarelto resulted in injury and death in a large number of patients.
    5. Withheld information about the lack of an effective antidote for the bleeding issues associated with Xarelto use.
    6. Sold a drug that is unreasonably dangerous and defective.
    7. Aggressively marketed and encouraged doctors to use Xarelto, despite it being more dangerous and expensive than other alternatives.

    If you or a loved one suffered injury as a result of using Xarelto, you may have a claim for compensation against Bayer and Johnson & Johnson. An experienced attorney can help guide you through the process of protecting your legal rights. We encourage you to contact us today for a complimentary consultation at 888-894-0119.

     

  • What parties might be responsible for my natural gas platform injury?

    Working on a natural gas platform is certainly not the safest occupation. Oil and gas industry workers face some of the riskiest working conditions of employees in any industry in the United States. When accidents occur, injuries can be severe. This may result in costly medical bills, lost income, and pain and suffering for the victim. Workers’ compensation benefits may be available in order to assist with some of these costs. In some cases, a victim may also be entitled to pursue a third-party work injury claim as a result of the accident.

    Four Potentially Responsible Parties After a Natural Gas Platform Injury

    After an accident, it is important to understand that there may be additional parties responsible for your injuries aside from your employer. Some of these potential parties may be obvious, while you may not consider others at first glance unless you have had the misfortune of suffering an injury in the past. Examples of these third parties include the following:

    1. Subcontractors used on the platform
    2. Government entities
    3. Equipment manufacturers
    4. Another company or its employees

    With such a significant financial burden at stake after a natural gas platform injury, it is important to consider all of your legal options when an accident occurs. We strongly encourage you to consult with an experienced attorney who can help you determine whether you may have a potential injury claim against a third party. At Kennedy Hodges, LLP, we have helped countless clients obtain the compensation that they deserve after workplace injury. Check out our client testimonials for more information.

     

  • What is the long-term impact of a birth injury resulting in Erb’s Palsy?

    If your baby was injured during delivery, he or she may suffer from a condition known as Erb’s Palsy. Erb’s Palsy is a form of brachial plexus disorder resulting from nerve damage in the baby’s upper arm during delivery. The affected nerves give movement and feeling to the baby’s arm, hands, and fingers. As a result, babies with Erb’s Palsy may have issues with the spinal cord’s ability to send messages to the arm, wrist, hand, or fingers through normal nerve impulses.

    Four Facts About the Long-Term Prognosis for Erb’s Palsy

    Over the long-term, the impact of Erb’s Palsy on a baby depends largely on the severity of the injury. The following is an overview of what parents can expect:

    1. Mild cases of Erb’s Palsy may resolve in 3-6 months if the baby undergoes physical therapy treatments.
    2. Approximately 70-80 percent of Erb’s Palsy cases resolve within one year from birth if the baby receives proper and consistent treatment. A positive sign that the condition will resolve is if the infant is able to grasp objects or make fists with the affected hand during treatment sessions.
    3. A smaller percentage of babies will face lifelong problems caused by their Erb’s Palsy. This may include permanent loss of function in the arm and abnormal muscle contractions. These children may have difficulty participating in sports and other activities.
    4. Psychologically, some babies who suffer from Erb’s Palsy may face long-term self-esteem issues, difficulty with performing tasks, and feelings of anger and frustration.

    It is important to note that the younger a patient begins receiving treatment, the better the long-term prognosis will be.

    Even where the condition is mild, babies who suffer from Erb’s Palsy require significant medical treatment and therapy. It is therefore crucial that parents pursue all of their legal options for compensation. Fortunately, you may have grounds for a claim if the condition was caused by the negligence of the delivering physician.

     

  • How much compensation am I entitled to if my baby suffered a brachial plexus injury during birth?

    When a baby suffers a brachial plexus injury during birth, the injury may be mild, moderate, or severe. Some fortunate babies will heal naturally with time. Others, however, require long-term treatment and may never fully recover. Parents of these babies may be entitled to compensation if the injury was caused by the negligence of the treating physician. The extent of the compensation that may be received depends on the severity of the injury and facts and circumstances surrounding the birth.

    Seven Types of Damages Following a Brachial Plexus Birth Injury

    Generally, parents may seek compensation for their losses and expenses associated with the brachial plexus injury. These damages may include the following:

    1. Lost income if a parent must leave work in order to care for an injured baby
    2. Medication costs
    3. Surgery costs
    4. Emotional pain and suffering
    5. Physical and occupational therapy expenses
    6. Rehabilitation costs
    7. Physical pain and suffering

    While these injuries may create immediate financial burdens on families, it is an unfortunate reality that some brachial plexus birth injury claims can take many months or even years before a resolution is reached. Therefore, it is important that you act quickly with regard to seeking qualified legal assistance. In addition, these claims are subject to time limitations under state law. Fortunately, we are well-versed in assisting parents through the difficult process of pursuing a legal claim after a birth injury. We encourage you to reach out today for a complimentary case evaluation of your matter.

     

  • What defenses might a third party raise against my construction site injury claim?

    After an injury that occurs on a construction site, you may be left with staggering expenses. Medical bills, rehabilitation costs, and lost income can all lead to a significant financial strain. Workers may be entitled to a claim for workers’ compensation. In addition, if a third party was involved in your injury, you may have a third party personal injury claim that can potentially provide you with additional compensation.

    Ten Potential Defenses That a Third Party May Raise After a Construction Site Injury

    If you opt to pursue a third-party personal injury claim, it is important to be aware of the defenses that may be raised against you. These defenses may vary depending on the facts and circumstances surrounding your injury. The following are examples of such potential defenses:

    1. The third party did not owe you any duty.
    2. If the third party did owe you a duty, the duty was fulfilled properly.
    3. Whether you are actually injured is in question.
    4. The cause of your injury cannot be directly attributed to the third party’s actions.
    5. You are partially or fully responsible for your own injury.
    6. Your injury was caused by improper training.
    7. You were under the influence of drugs or alcohol at the time of the injury.
    8. You are pursuing a claim that is barred by the statute of limitations. A third-party claim must be brought within a certain period of time or it may be forever barred.
    9. You cannot prove that your injury occurred at the construction site.
    10. There is another party that is responsible for your injury.

    Despite these potential defenses that may be raised against you, you may still have a strong case. It is important to consult with an experienced attorney before proceeding. We are happy to offer a complimentary case evaluation of your matter.

     

  • Are the airbags in cars safe now that the Takata air bag recall has taken place?

    Despite a massive recall of vehicles containing defective airbags, a possible sixth death has now been linked to the issue. The defective airbags were made by Japanese company Takata. The airbags can rupture as a result of inflators that over pressurize. This causes hot metal fragments to be propelled into the vehicle’s cabin. Since the discovery of this defect, over 18-million vehicles have been recalled in the United States by Honda and nine other automakers.

    Recent Death Linked to Airbags Subject to Recall

    Unfortunately, the injuries and deaths associated with this recall do not seem to be coming to an end despite the recall. The following is an overview of a recent death that is being linked to the airbag issue:

    • On January 18th, Carlos Solis was killed after his vehicle struck another vehicle.
    • Mr. Solis was driving a 2002 Honda accord at the time of the crash.
    • The collision took place in a Houston parking lot.
    • When the vehicles collided, the driver’s side airbag in Mr. Solis’s Honda deployed.
    • A piece of metal from the air bag struck Mr. Solis in the neck.
    • He was found at the accident scene with no signs of life and was later declared dead.
    • Mr. Solis’s 11-year-old passenger was not injured.

    How could this have happened despite the massive recall that has taken place? Mr. Solis purchased the vehicle used in April of 2014. He had yet to receive a recall notice and was not aware of the issue. While the original owner may have received such a notice, U.S. law does not require that used vehicles that have been recalled for safety issues be fixed before they can be sold. Mr. Solis’s death is raising concerns that automakers are simply not moving fast enough to replace the dangerous and defective airbags.

     

  • What types of bleeding have been linked to taking the dangerous drug Xarelto?

    Since 2011, Xarelto has been used as a blood thinner to prevent blood cots and strokes in patients. The U.S. Food and Drug Administration (FDA) approved this medication for use by patients who have undergone hip or knee replacement surgeries, patients with atrial fibrillation, and patients with pulmonary embolism, or deep vein thrombosis. Unfortunately, the use of Xarelto has also been linked to serious injuries and even death.

    Five Types of Bleeding Linked to the Drug Xarelto

    Why is this drug so dangerous? Xarelto does not have an antidote in order to stop any uncontrollable bleeding. This is perhaps the most serious side effect associated with the drug. Studies have shown a link between the taking of Xarelto and the following types of dangerous bleeding:

    1. Spinal bleeding
    2. Rectal bleeding
    3. Intestinal bleeding
    4. Abdominal bleeding
    5. Bleeding in the brain

    Perhaps even more frightening is the fact that internal bleeding such as that described above is not always associated with obvious symptoms. Instead, victims may experience blood in their stool, fatigue, pale skin, abdominal swelling, bruising, dizziness, and stroke-like symptoms. Many of these symptoms can mistakenly be attributed to other causes. The internal bleeding caused by Xarelto will continue until the medication is flushed out of the body. This could lead to serious complications and even death. The risks are especially high when the bleeding occurs close to a major bodily organ or pools of blood begin to form inside the body.

    It is important to help educate your friends and loved ones about the dangers of this drug. It has been shown to be especially dangerous for pregnant women, people taking platelet inhibitors, people taking NSAIDS or other medications that can impact blood clotting, patients using epidural catheters, and patients with a history of spinal trauma or spinal surgery. We encourage you to help spread the word by sharing a link to this article on Facebook or Twitter.

     

  • What are some ways that can help protect myself from sustaining a construction accident injury?

    The nature of accidents are that they can’t be predicted. However, certain factors can help determine whether a situation could potentially lead to an accident. Factors such as heavy machinery, dangerous heights, and power tool use all in the same area—along with the potential for human error—can help paint a picture of accident risks. In addition to these factors, the Occupational Safety and Health Administration (OSHA) has labeled the construction industry as having the highest accident rate of any other national industry.

    Due to these concerns construction safety is a high priority in the United States, especially since there are nearly 250,000 construction sites across the nation, employing over six-million workers. Although OSHA is working to improve worksite safety, thousands of workers are being injured and killed every year.

    Knowing your risks, are you 100 percent confident in your worksite? How about your own safety protocols?

    Construction Accident Prevention Guidelines

    Accidents happen all the time, and unfortunately, construction sites seem to be accident magnets. However, you can decrease your risks, while increasing your worksite safety by following these simple guidelines:

    Personal Safety

    • Wear proper safety equipment – Including gloves, boots, harnesses, and hard hats.
    • Watch out for one another – Working in teams and staying alert to possible problems can provide adequate warnings, and safer navigation to help prevent injuries.
    • Have safety meetings – If you happen to see a coworker doing something he should not be doing, make it a point to draw it to his attention and explain the risks of unsafe behavior.
    • Make sure your site is up to OSHA standards – You can do this by either speaking with your employer, or anonymously scheduling an OSHA investigation.

    Machine Safety

    • Make sure your machinery is up-to-code before using it – Heavy construction equipment and machines should be properly maintained on a daily basis, and assessed for safety every three to six months.
    • Stay alert when operating any machinery – If the equipment seems faulty, sluggish, or jerky, turn it off immediately and have it checked for any problems.
    • Turn machinery off when not using it – This is important even if you are only adjusting a part or removing debris.
    • Make sure all moving parts have stopped before approaching a machine to clean or perform maintenance – Even when a machine is turned off, it may take several moments for gears to come to a complete stop.

    Safety is important—make sure you’re complying with protocol to not only keep yourself safe, but your coworkers as well.

    Protecting Your Future When Precautions Fail

    Although taking these precautions will greatly reduce your risk for an injury, regrettably, accidents can still occur. Don’t allow your employer or his insurance company to deny you and your family the injury benefits you deserve. If you’ve been injured in a construction machine accident, you may be liable for compensation for your injuries.

    Fight back by contacting an experienced workers’ compensation lawyer. We know how ruthless insurance companies can be, especially to those who don’t know the ins and outs of work injury law. Call us today for a free consultation and evaluation of your accident, and allow our experience and knowledge to work for you.

    For additional information, follow us on Twitter, like us on Facebook, or connect with us on LinkedIn.

  • How can I make sure my tires are safe if I can’t rely on my internal pressure gauge?

    You were so proud of your son the day he bought his first car. Although you were a little nervous, he guaranteed that he would be safe and properly care for it. He even told you that he read the user manual from cover to cover. Knowing this, you felt a little more at ease, until six months later when your son picked you up from a doctor’s appointment and you noticed that one of his tires happened to be a little flat. The ensuing conversation did not go as you had planned.

    You asked him if he was aware of the deflated tire, and instead of reassuring you that he was on his way to put air in it and get it fixed, he looked completely dumbfounded. He looked down at his dashboard and then accused you of seeing things. You suggested that he take a look himself, but he refused. Your son explained that the tire couldn’t possibly be flat because his dashboard pressure gauge wasn’t lit up. If the light isn’t on, there’s no need to worry—at least that’s what the manual said.

    It took all of your strength not to call him a fool. You opened up your car door and refused to close it until he checked the tire. Then the truth came out—he told you that he didn’t know how. He didn’t even know what he was looking for.

    Although this made you seriously concerned about what else he didn’t know about his own car, you decided to take one problem at a time and help him learn the proper way to monitor and care for his vehicle’s tires.

    Manual Tire Maintenance: Don’t Put All Your Faith in Technology

    When it comes to driving safety, there are dozens of protocols and safety maneuvers that you should know. However, one of the many such pieces of advice that you should never ignore or put off is tire maintenance and monitoring. Tire stability and safety is not only one of the more important aspects of car safety, but it is easily one of the most overlooked. 

    According to a National Highway Traffic and Safety Administration survey, over 71 percent of polled motorists claim that they check their tires’ pressure less than once a month, and generally only when they deem it necessary. Seven percent of these motorists admitted that they have never checked their tires. This number is extremely high considering how underinflated tires cause thousands of deaths and injuries per year. Since tire failure is such a concern for vehicle safety, additional  NHTSA reports suggest that maintaining proper tire pressure, observing tire and vehicle load limits (not carrying more weight than your tires or vehicle can safely handle), avoiding road hazards, and routinely inspecting tires for cuts, slashes, and other irregularities are the most important things you can do to avoid tire failure and keep your family safe from a tire-related accident.

    In order to properly maintain and monitor your tires, it is important to know what to look for as well as to know your specific tires’ requirements—instead of relying solely on internal gauges.

    The following tire specifications can be found on placards and certification labels that are permanently attached to the vehicle’s door edge, door post, glove-box door, or inside of the trunk lid. You can also find the recommended tire pressure and load limit for your vehicle in the vehicle owner's manual:

    • Your vehicle’s recommended tire size
    • Recommended tire inflation pressure
    • Vehicle capacity weight (VCW–the maximum occupant and cargo weight your vehicle is designed to carry)
    • Front and rear gross axle weight ratings (GAWR– the maximum weight the axle systems are designed to carry)

    It is important to check your vehicle's tire pressure at least once a month. Proper monitoring includes manually:

    • Checking the recommended tire pressure from the manual or placards
    • Recording the tire pressure of all tires (make sure the tires aren’t warm or recently driven)
    • If the tire pressure is too low, note the difference between the measured tire pressure and the correct tire pressure. These "missing" pounds of pressure are what you will need to add
    • At a service station or dealer, add the missing pounds of air pressure to each tire that is underinflated.
    • Check all the tires to make sure they have the same air pressure

    Double Checking to Avoid an Accident

    Although internal (dashboard) pressure gauges are convenient for monitoring sudden changes that occur while you’re driving, manual checks can help eliminate slow leaks or compromised tire integrity. It is also important to know that internal gauges have been known to fail or miscalculate pressure, making it difficult and dangerous to rely on 100 percent of the time.

    Make sure your family and friends know the importance of routine tire checks by sharing this page with them via Facebook. If they have recently been injured as a result of faulty tires or a broken pressure gauge, tell them to contact us directly to discuss any potential questions or concerns they may have. The consultation is free but the advice could help secure your future.

  • What are the symptoms that could mean that taking Xarelto has caused a bleeding problem?

    After undergoing double bypass surgery, your doctor prescribed a blood thinner called Xarelto to help prevent blood clotting and lessen the chance of a stroke. Having just survived a terrifying surgery, your confidence in your doctor’s decisions was extremely high. However, once you got home and started taking the meds, you began to feel a little “off.”

    You became extremely tired, dizzy, and weak. Although you first attributed these effects to the fact that you just had open heart surgery, you began to get worried when you started coughing up blood. Is this normal after surgery, or is it a sign that something is wrong? How will you know if the medication is causing adverse side effects? When should you seek medical attention to be sure?

    Xarelto Bleeding Symptoms

    Throughout 2014, the Food and Drug Administration (FDA) monitored the blood thinner known as Xarelto, as a result of several accusations relating to its safety. Studies concurred that under certain circumstances, Xarelto could cause excessive bleeding which—if not controlled—could be fatal. In response to these dangers, the FDA issued letters to Xarelto’s manufacturer (Janssen Research and Development, LLC.), encouraging new labels and side effect warnings.

    Paul Burton, M.D., Ph.D., Vice President, Clinical Development of Janssen Research & Development, replied to the FDA’s letter by stating that:

    “We remain committed to providing patients who have suffered from acute coronary syndrome with additional protection against stent thrombosis and secondary life-threatening cardiovascular events. We are evaluating the contents of the letters and will determine the appropriate next steps.”

    In the meantime, while Janssen “evaluates the letters” and decides how to best represent their product along with your safety, you should stay aware of any potential side effects of the drug. Seek medical attention immediately if you feel that there may be a problem, and call your doctor if you witness or develop any of the following specific symptoms of bleeding:

    • Unexpected bleeding or bleeding that lasts a long time
    • Excessive nosebleeds
    • Unusual bleeding of the gums
    • Menstrual bleeding that is heavier than normal, or vaginal bleeding
    • Bleeding that is severe or that you cannot control
    • Red, pink, or brown urine
    • Bright red or black stools (looks like tar)
    • Coughing up blood or blood clots
    • Vomiting blood or vomit that looks like “coffee grounds”
    • Constant headaches
    • Dizziness
    • Fatigue
    • Loss of strength
    • Blurred vision
    • Bloodshot eyes
    • Excessive bruising
    • Color changes in skin (pale or bright red)
    • Numbness in your extremities
    • Pain, swelling, or new drainage at wound sites
    • Blackouts
    • Seizures

    Protecting Your Loved Ones

    Although blood thinners are great for preventing blood clots and potential strokes after surgery, the mere fact that they stop your blood from clotting can put you at risk for bleeding out. To decrease your risks, make sure you speak to your doctor about any side effects and drug interactions, and what to do if you experience bleeding symptoms.

    You can also help your friends and family get the information they need by sharing this article on Facebook, Twitter, and Google Plus. Your loved ones may not be aware of the potential danger their Xarelto prescriptions may put them in. Use your social media to raise awareness, and possibly help save a life.

    For more information about Xarelto and other dangerous drugs, like us on Facebook. We periodically discuss FDA warnings and can also help you decide whether filing a legal claim against a drug manufacturer is right for you.