Biomet’s Comprehensive Reverse Shoulder Humeral can Result to permanent loss of Shoulder Function, Infection or Death

Posted by on Feb 24, 2017 in Personal Injury | 0 comments

Shoulder replacement surgery was first performed in the U.S. in the 1950s. Its purpose was to treat severe shoulder fractures. This surgical procedure involves the removal of damaged parts of the shoulder and the implantation of an artificial device, called a prosthesis, that is similarly shaped as the shoulder part it will replace.

Shoulder replacement surgery has always been expected to provide relief from pain, besides restoring shoulder motion, function and strength. This is not the case, however, if a patient is implanted with a faulty replacement device, for instead of increased function and minimized pain, the result would rather be worse pain, additional costly medical expenses and the need for corrective surgery.

There are four types surgical procedures for shoulder replacement. The type of procedure a patient will undergo will depend on his/her doctor’s evaluation and specific health needs.

  • Total Shoulder Replacement is replacement of the original ball-and-socket with similarly shaped prosthetic parts.
  • Partial Shoulder Replacement or Stemmed Hemiarthroplasty is the procedure that needs to be performed if the humeral head has been severely fractured, but the socket is unharmed.
  • Shoulder Resurfacing or Resurfacing Hemiarthroplasty involves replacement of the joint surface of the humeral head with cap-like prosthesis.
  • Reverse Total Shoulder Replacement or Reverse Total Shoulder Arthroplasty is the procedure wherein the positions of the joint’s ball and socket are reversed or switched. This means that the ball gets attached to the scapula rather than to the humeral head, and the artificial socket is attached to the humeral head rather than to the scapula.

The Comprehensive Reverse Shoulder System Humeral Tray, which Zimmer Biomet started manufacturing on August 25, 2008, is a shoulder replacement device that is surgically implanted to help restore arm movement. This device is also beneficial for patients with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy and previously failed shoulder joint replacement.

On December 15, 2016, however, Zimmer Biomet, moved to recall more than 3,600 pieces of said device after it was discovered that this device was fracturing at a higher rate than is stated in its labeling. According to the U.S. Food and Drug Administration (FDA), these fractures can result in revision surgeries that can lead to serious adverse health consequences, including permanent loss of shoulder function, infection or death (though rarely).

In its website, law firm Williams Kherkher says that those who suffer a serious fracture due to a defective Zimmer Biomet comprehensive reverse shoulder system may be eligible for compensation for their pain, suffering, medical bills, and other damages. Zimmer shoulder lawsuit lawyers believe that medical device manufacturers have a responsibility to properly test and label their devices, and if those systems fail, they should be held accountable for the injuries they cause.

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Dangerous Proposals from Trucking Companies’ Lobbyists

Posted by on Sep 28, 2016 in Personal Injury | 0 comments

National Highway Traffic Safety Administration (NHTSA) records for 2013 show 3,964 fatal semi-trailer accidents and 95,000 others resulting to injuries. Despite this alarming numbers, the government remains cautious on imposing too many restrictions on trucking companies and truck operators due to the major contribution their huge vehicles give for the growth of the U.S. economy. In other words, imposing additional laws and restrictions on truckers may only cripple the country’s ability to do business.

The U.S. government has always shown its reluctance in burdening truck operators with higher taxes or in mandating that drivers be given higher wages. Well, let this be the case, at least for now. However, what it should never do is let its guard down against trucking companies’ lobbyists who are seeking and fighting for reforms on laws that will have a direct effect on the safe operation of big rigs, like, reforms on requirements on the qualification of applicant drivers, number of hours or service, safety standard for truck parts, size limit of double trailers, and, maintenance of a record that will show regular truck inspection. This is because specific proposals by trucking companies’ lobbyists include:

The extension of working hours from the already-exhausting 70-hour per week limit to 82 hours a week.
Trucks be allowed to haul loads heavier than the present federal limit, which is 80,000 pounds (one way to do this is to allow trucks to have longer double trailers); and,
Labor costs be reduced through the hiring of lower-paid drivers – those as young as 18;

Many trucking companies and truck operators face the problem of completing job runs and ensuring timely deliveries due to shortage in the number of qualified drivers. To keep their business in operation, many operators and employers now hire unskilled drivers, no longer screen applicants for past records or driving violations, take no action in punishing drivers who incur traffic violations, and require some drivers to drive longer than the allowed number of service.

Errors committed by drivers behind the wheel can have catastrophic results; so too are the errors committed by trucking companies and employers. Trucking companies are legally responsible in making sure that laws regarding employee hiring and safe vehicle operation are strictly observed, as this will greatly affect the well-being of everyone on the road. If and when trucking companies fail to uphold these standards, then they can be held financially responsible for their failure to act in accordance with the dictates of the law.

As explained by the Hankey Law Office, even the smallest abnormality in the operation of a semi-trailer can result in a multi-vehicle accident. Thus, truck drivers must absolutely be qualified and able to control these large trucks in any circumstance or situation. Trucking companies who put unqualified employees behind the wheel put the lives of all other drivers at risk and this is one blatant disregard for the safety of others that the law should never allow to go unpunished.

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Protecting Yourself as a Trucker

Posted by on Jun 25, 2016 in Personal Injury, Truck driving | 0 comments

Trucking is a staple of interstate and international commerce that not only transports a large portion of goods across borders but employs several million Americans, including around 2 million truck drivers according to the Bureau of Labor Statistics. The job is proliferating as the economy and need for commercial transport grows, but while a career in trucking can certainly be flexible and rewarding, it is important to protect yourself from financial, physical, or legal injury.
According to the website of TBS Factoring, one key problem many truck drivers have is being paid reliably. While trucking companies usually promise to pay some have to wait several months before they see any compensation for their deliveries. Factoring companies get rid of the major inconvenience of long pay periods by allowing truck drivers to get paid for their freight deliveries the same day the delivery was made.
There are a number of health issues that plague the truck driving community–stress issues and sleep apnea being the major two according to trucking resource KeepTruckingSafe.org. Stress can be alleviated by taking “rest” breaks throughout the day to fit in regular exercise like walking or stretching and eating healthy meals and snacks. Sleep apnea is extremely dangerous for truck drivers as it is one of the leading causes of falling asleep at the wheel. If you think you may be suffering from sleep apnea, or have any of its symptoms such as loud snoring or labored breathing during sleep, see a physician as soon as possible to address the issue before it progresses into something much worse.
The biggest problem truck drivers typically face is road accidents. According to the National Highway Traffic Safety Administration, there were 333,000 large truck accidents in 2012. Additionally, over 107,000 of these involved parties that were killed or injured and the number of injuries due to truck accidents shot up 18 percent between 2011 and 2012. No matter which side of the accident you are on, the personal or vehicular damage done can be insurmountable, so it is incredibly important that truck drivers or those who drive in truck-heavy areas keep themselves protected and insured. Whether it’s due to a truck malfunction, truck driver negligence, or trucking company negligence, you can learn more about trucking accidents here.

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Car accidents

Posted by on Jun 23, 2016 in Car accidents, Personal Injury | 0 comments

Car accidents are an unfortunate but all-too-common predicament many find themselves a part of at some point in their lifetime. With the onslaught of new technology being crammed into our vehicles, the driving experience is being significantly altered by all the conveniences and impediments modern tech provides.
Cell phone use in particular has emerged as a major contributor to car accidents, contributing to over one-quarter of all motor vehicle crashes according to a report from the National Safety Council. While we’re navigating all of the pitfalls of emerging technology, we still have to deal with distracted driving mainstays like drunk driving, which kills 28 people a day in the US according to the Centers for Disease Control and Prevention. All this contributes to a car crash rate that has been steadily on the rise, with the US seeing a 14% rise in fatal accidents in 2015.
While many car accidents result in nothing more than car damage or some minor bruises, there are many more that have long-term negative consequences for their victims, including significant injury, exorbitant hospital bills, or even death. These issues are difficult enough to deal with on their own, but according to the law firm Ravid & Associates, these often lead to tricky-to-navigate insurance issues.
Even if there was no permanent or disabling injury inflicted in the accident, according to McCutchen & Sexton – The Law Firm, there are still medical expenses, pain and suffering, and lost wages to consider. Regardless of whether the accident was caused by distracted driving, speeding, or malfunctioning vehicles, legal action can still be taken, according to the Sampson Law Firm. In this time of elevated car accident risk, legal help can help get victims the restitution they need to carry on with their lives as normal.

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