PA Law Blogs » Philadelphia, PA

What are problems with transvaginal mesh implant?

Michael Monheit — Thu, 06 Oct 2011 16:10:39 +0000

From January 1, 2008, through December 31, 2010, the FDA received 2,874 reports of complications associated with transvaginal mesh implant devices used to repair pelvic organ prolapse and stress urinary incontinence.

During that two year period, there were seven reported deaths associated with pelvic organ prolapse repairs. Three deaths were related to transvaginal mesh implant procedures – two were bowel perforations and one was a hemorrhage. Prior to the two-year period, the FDA noted more than 1,000 adverse reports for transvaginal mesh implants from 2005 through 2007.

What are the problems with transvaginal mesh implant? How many adverse reports and deaths will continue to happen?

This is disturbing

In October 2008, the FDA made recommendations to healthcare professionals advising them about the risks of transvaginal mesh and recommending other safer procedures based on more than 1,000 adverse events reported. And in July 2011, the FDA is communicating with more urgency about transvaginal mesh injuries.

Once again almost three later, the FDA is repeating the same stern warnings to healthcare professionals. For some women, it could too late. They are already suffering.

How many thousands of women received the more risky transvaginal mesh during that almost three year period? Lawsuits prevail across different transvaginal mesh brands. Why even allow the products to be used if they present so many risks?

U.S. News Names Anapol Schwartz Among Best Lawyers in America

Jackie Fedeli — Thu, 01 Sep 2011 14:51:03 +0000

Anapol Schwartz Partners, Sol Weiss and Lawrence R. Cohan, have been named among the Best Mass Tort Litigation & Class Action Plaintiff Attorneys in America.

Larry and Sol have been selected by their fellow lawyers for inclusion in America’s Best Lawyers since 2006. It is the dedication of these two outstanding experienced attorneys, along with their agressive up and coming associates, that make Anapol Schwartz a Mass Tort Power House. Anapol Schwartz itself is currently among the rankings of the Best Law Firms 2010 both Nationally and Locally for their Top Tier Mass Tort Practice.

Philadelphia’s Latest Mass Torts Programs Fulfilling American Bar Association Standard

Michael Monheit — Tue, 08 Mar 2011 22:04:04 +0000

In our fast paced society, chances are you’ve wished for more hours in the day. For attorneys handling a time-sensitive mass torts case, this couldn’t be more accurate. According to The Legal Intelligencer, the latest mass torts programs in Philadelphia have been fulfilling the American Bar Association standard requiring civil cases to conclude within two years of the file date.

Common Pleas Judge Sandra Mazer Moss was assigned to the Complex Litigation Center in January 2009. She has stated that cases are going to trial within the two-year window because of strict deadlines that have been created. An exception to the time limit is the hormone therapy program, which began in 2004. This concerns cases of plaintiffs who claim hormone-replacement therapy drugs led to their breast cancer.

Court statistics reveal that 13,631 mass tort cases occurred in the Complex Litigation Center five years ago. This includes 11,166 Fen-Phen diet drug cases. In the spring of 2007, the number of cases was more infrequent at 2,298. However, as of fall 2010, the number of cases stands at 5,244. These numbers suggest that the plaintiffs bar is likely to file in Pennsylvania state court if they have the option of filing in either Pennsylvania or in federal court.

Case management systems play an important role in judicial organization and functionality. Mass tort cases can be some of the most complex out there because they are often filed against a major corporation in relation to similar complaints of illness, injury, or death made by a large number of people. Experienced Philadelphia mass tort attorneys will ensure that a strong and convincing campaign against the defendant is carried out to obtain a positive and successful outcome for each individual plaintiff.

Philadelphia $3 Million Jury Award Upheld for Patient’s Fatal Pain Medication Overdose

Michael Monheit — Tue, 01 Mar 2011 00:28:34 +0000

A Philadelphia jury’s decision to allow a $3 million award to an 87-year-old woman’s estate has been upheld by the state Superior Court. The Legal Intelligencer reports that the woman was killed by an overdose of pain medication administered to her through her spinal fluid. The cause of the woman’s death was connected to an anesthesiologist’s failure to communicate his choice of giving the woman a spinal catheter instead of an epidural catheter. After receiving the pain medication, the woman experienced cardiac arrest and was left in a chronic vegetative state.

In Kessler v. Berman, the jury assigned 35 percent liability to the woman’s anesthesiologist and 65 percent liability to the nurse anesthesiologist. In addition, the Philadelphia Common Pleas Court Judge included delay damages that amounted to over $227,000.

The woman had undergone successful knee replacement surgery in 2005 when she was given the pain medication overdose. The plaintiff’s expert witness testified that the anesthesiologist was responsible for communicating that he had used a spinal catheter instead of an epidural catheter. Testimony also emphasized the standard of care required of anesthesiologists, which includes ensuring that a patient’s caretakers know if there is anything out of the ordinary about a certain catheter or anesthetic. The panel also stated that devastating consequences can affect the well-being of a patient if the proper dosage for an epidural catheter is sent directly into the patient’s spinal fluid through a spinal catheter.

Patients trust that medical professionals will provide a high standard of care and carry out medical procedures properly and in a timely manner. The duty to communicate among physicians, nurses, and other hospital staff cannot be stressed enough. Victims of medical malpractice and their family members should not be intimidated by major hospitals or well-known physicians. When faced with the obstacles and life-changing consequences of a medication overdose or other typed of medication error, a Philadelphia medication error lawyer can be a tremendous help.

What is surgical malpractice?

Michael Monheit — Sun, 30 Jan 2011 22:54:15 +0000

Surgery malpractice is when a surgeon fails to provide reasonable care during surgery and makes a surgical mistake. Surgical malpractice leads to an injury, loss of income, or even wrongful death. The patient or his or her family must prove that the doctor failed to perform with reasonable care during surgery.

Common surgical errors

Perforation or an abnormal opening in a hollow organ made by organ puncture, rupture or injury during a colonoscopy, hysterectomy, laparoscopy, colostomy to the bladder or bowel
Bypassing the wrong artery or the good artery
Wrong site surgeries such as amputating the wrong leg, removing the wrong breast, or operating on the good eye are just a few examples.
Too much anesthetic, not enough anesthetic, the wrong anesthetic
Using unsanitary surgical instruments
Leaving surgical instruments, sponges, and gauze in the body after the operation is over
Excessive blood loss
Infection causing septicemia or blood poisoning
Brain injury bleeds from heparin, aspirin, Plavix
Nerve damage or spinal fluid leak during spinal fusion surgery
Delayed surgery
Prolonged surgery

The most common types of surgical errors are during childbirth, gastric bypass, heart and lung surgery, nose jobs, and laparoscopic intestinal surgery.

The above is by far not a complete list but perhaps the most common examples of surgical errors for which surgical malpractice lawsuits are filed.

Compensation in a surgical malpractice case is subject to the extent of damages sustained by a patient. Other factors include the Pennsylvania statute of limitation laws, the strength of the case, the testimony of experts, and the knowledge, experience, and presentation of the litigators.

Do you have a surgical malpractice lawsuit?

PA-based Anapol Schwartz is one of the nation’s preeminent law firms, known for landmark verdicts and settlements and for providing clients with the highest level of personalized legal services. Eleven of Anapol Schwartz’s lawyers have received jury verdicts in excess of $1 million dollars and virtually every attorney has participated in obtaining multiple settlements over $1 million.

Wrongful Death Lawsuit Filed Against Philadelphia Abortion Doctor

Michael Monheit — Mon, 24 Jan 2011 22:48:32 +0000

Several serious allegations against a Philadelphia doctor who performed abortions have resulted in multiple lawsuits, reports Philly.com. The doctor has been charged with murder, several counts of infanticide, and abuse of a corpse.

Attorney Mr. Bernard W. Smalley, Sr. from the personal injury law firm of Anapol Schwartz represents the husband and children of a woman who died on November 19, 2009 after a drug overdose that was administered by an unlicensed member of the doctor’s staff during an abortion. The family has filed a wrongful death and survival suit against the doctor and seeks recovery for her death as well as punitive damages. The family alleges that the doctor failed to provide the woman proper care before, during, and after the procedure. According to the wrongful death lawsuit, the doctor also employed unlicensed personnel and did not have essential equipment needed to resuscitate the woman following the overdose.

Mr. Smalley states, “[The doctor] put profits above the safety of his patients. He refused to pay for licensed qualified medical personnel, allowing non-trained individuals to perform critical medical duties. He was not even present at the time medications and anesthesia were administered. He was, by all descriptions, running an office better characterized as a horror show.” He continues, “[The doctor] must be held accountable so that no other families have to suffer from the actions of a doctor who failed to uphold the most basic tenets of his oath.”

Wrongful death claims can be extremely intricate, leaving families unsure of how to proceed following the death of a loved one. However, a personal injury lawyer with years of experience handling this kind of lawsuit can help family members understand their legal rights and options in addition to building a strong case on their behalf.

For over 30 years, Bernard W. Smalley, Sr. has practiced law in Pennsylvania. He concentrates his practice on helping victims injured and family members of victims killed due to medical negligence and other personal injury-related causes. To learn more about Mr. Smalley and his many accomplishments, visit http://www.anapolschwartz.com.

Philadelphia Neighborhood Gas Explosion Kills One, Injures Five

Michael Monheit — Wed, 19 Jan 2011 23:29:58 +0000

A gas main in a Tacony, PA neighborhood exploded around 8:30 p.m. on January 18. An MSNBC article reports that one Philadelphia Gas Works employee was killed and five others were injured as a result of the gas explosion. Four other PGW workers and a firefighter suffered injuries. They were transported to Torresdale Hospital and four are reported to be in critical condition, with at least one victim taken to a burn center.

Fire dispatchers reportedly received notice of a gas and water main break at 6900 Torresdale Avenue around 7:19 p.m. The explosion caused a 50-foot tall fireball and a three-alarm fire, setting fire to at least two homes and a PGW truck. Several dozen residents as well as individuals occupying businesses in the area were evacuated because of the gas explosion. One man’s account of the explosion stated that it caused homes in the neighborhood to shake and knocked a man over who was standing next to him.

While the cause of the Pennsylvania gas explosion is being investigated, similar incidents have been linked to a gas company’s failure to accurately install, maintain, or replace gas mains. Safety rules and regulations are in place to ensure that above ground gas pipes and valves are visible and that the area surrounding these mains are properly maintained. Moreover, the condition and visibility of these gas mains are supposed to be checked routinely for corrosion and other problems so they can be repaired properly and swiftly.

As this tragic accident in Philadelphia demonstrates, gas explosions present several risks to utility workers, firefighters, residents, and business owners. Gas explosions often lead to serious fires, which in turn can cause individuals to suffer burn injuries and other calamities. Anyone who has been injured in a gas explosion may want to contact a skilled Philadelphia gas explosion burn injury lawyer to ensure that they are properly compensated for their pain and suffering, medical bills, rehabilitation, and other damages.

Eight Children Injured in Philadelphia School Bus Accident

Michael Monheit — Tue, 02 Nov 2010 22:31:38 +0000

Eight children were hurt in a Philadelphia school bus accident that took place in the Overbrook area. The Philadelphia Inquirer reports the Pennsylvania bus collision occurred near the intersection of 63rd Street and Lebanon Avenue the morning of October 18. The school bus rear-ended a parked car while transporting 15 students to four different private schools. Eight of the students were treated at a nearby hospital for minor injuries. The cause of the Philadelphia bus crash remains under police investigation.

The Federal Motor Carrier Safety Administration (FMCSA) reported 247 fatal bus crashes in 2008 in the United States. In those bus crashes, 67 bus occupants were killed and 307 people were injured. Statistics show that travelling by bus is one of the safest modes of transportation, but when a bus accident does occur, it can be devastating. Inexperienced and distracted school bus drivers put all motorists on the road at risk and put the children onboard in harm’s way.

Bus drivers and transportation companies are legally held to a higher standard than motorists under “common carrier” laws. Bus drivers must provide the utmost care when transporting passengers. Transit companies may be held liable for the damage and injuries their drivers cause. By assisting injury victims in obtaining the compensation they deserve from negligent parties, Philadelphia bus accident lawyers help prevent similar accidents from taking place in the future.

Personal Injury Attorneys Giving Back to the Community

Barry Hill — Fri, 27 Aug 2010 22:54:39 +0000

There is no better time than the present to give back to the community. The personal injury attorneys at Anapol Schwartz have joined many other plaintiffs’ law firms in Pennsylvania in helping those in need beyond the courtroom. The Legal Intelligencer discusses the Anapol Schwartz Foundation, which was created by the Anapol Schwartz personal injury law firm in 2008. The Foundation operates under the mantra that the firm’s cases become their causes in that it provides grants to organizations that pertain to the types of injuries the firm’s clients have suffered. A portion of the firm’s case winnings are granted to nonprofit organizations that assist victims and their families in addition to funding research and programs focused on progressive health and safety.

The goal of the Anapol Schwartz Foundation is to provide help and resources to individuals who have endured devastating injuries but did not have cases or legal assistance. So far, the Foundation has provided over $200,000 to local organizations and 501(c)(3) public charities, including Mothers Against Drunk Driving, Northern Home for Children, Susan G. Komen for the Cure Philadelphia, the Make-A-Wish Foundation, the Caren Sydnor Locomotor Training Fund, the Burn Foundation and the Nathan Speare Regional Burn Treatment Center at Crozer-Chester Medical Center.

The Anapol Schwartz Foundation plans to continue its efforts in helping members of the community find ways to get back on their feet after experiencing significant losses of their own from their injuries. The Foundation also hopes to eventually fund programs and grant scholarships to individuals with spinal and brain injuries who would like to go back to school for nursing, physical therapy or occupational therapy education.

Investment Firm in Philadelphia Sued for $427 Million in Federal Lawsuit

Michael Monheit — Tue, 03 Aug 2010 21:19:13 +0000

Cohen & Company Financial Management of Philadelphia has been sued for $427 million by Cascade Bancorp in Oregon. The Philadelphia investment firm is being accused of placing the Oregon bank at risk of falling short of meeting regulator orders to increase capital.

The bank is claiming that Cohen & Co. will not stick to an agreement established in October 2009 to settle the elimination of a liability, reports the Associated Press. The suit has been filed in the United States District Court in Eugene alleging that investors instructed Cascade Bancorp to settle a liability it had with the investment firm. The bank asserts that it established prospective agreements just last month with private investors to raise $150 million in its efforts to increase its capital levels to meet a 2009 cease and desist order. These orders can be issued by administrative agencies to stop banking practices that could potentially harm involved institutions.

As an investment firm that concentrates its fixed income services on asset managing and capital markets, Cohen & Co. is being accused of failing to uphold its obligations under an exchange agreement with the Oregon bank. In what is expected to involve complex business litigation, the firm faces charges for breach of contract, breach of the covenant of good faith and fair dealing, and meddling with business dealings.