Personal Injury


Motorcycle Accident Injuries


Posted By on Feb 9, 2017

Motorcyclists are one of the most vulnerable motorists on the road. They are not enclosed in metal, unlike car and truck drivers. They rely on protective gear to prevent injuries when accidents occur. Nobody can deny that there are a lot of motorcyclists out there, because motorcycles can be more economical and accessible. That also means that a lot of people are at risk of motorcycle accidents.

Many attorneys specialize in specific practice areas like motorcycle accidents accidents because they are such major issues. For motorcycle accidents specifically, serious and sometimes fatal injuries can occur, which is why many attorneys cater to this issue. But the medical bills and the legal fees are all preventable, if everybody would just be careful on the road.

Below are the most common injuries associated with motorcycle accidents, because knowledge is the first step to prevention.

Road Rash
The most common injury that can be sustained in a motorcycle accident is road rash. This can be sustained when a rider slides to the pavement, creating friction between the pavement and the skin. The injury does not just include bruises, cuts, and scrapes. It can include infections, surface nerve damages, and skin irritations.
Sometimes, road rash cannot be prevented, especially on highly traumatic instances. But it can be minimized by using the proper protective gear that will protect your skin against powerful scratching. Wear leather jackets, motorcycle jeans, gloves, and knee pads.

Arm Injuries
When a motorcyclist gets ejected because of a crash or a collision, his first instinct is to put his arms out to lessen the impact of his fall to a surface. This has the tendency to put most of the pressure on the biker’s arms, resulting into injury. At worst, it may even cause permanent nerve damage to the upper body. To prevent arm injuries, always wear sturdy jackets and elbow pads when riding.

Leg Injuries
Another body part that is very vulnerable during motorcycle accidents is the leg. The most common leg injuries are large cuts, scrapes and road rashes due to skidding, shattered knees, and fractures. At worst, the injuries sustained may cause permanent disability. To avoid leg injuries, always wear pants, knee pads, and motorcycle boots.

Head and Brain Injuries
There is a reason why motorcyclists always wear helmets. The head and the brain are very vulnerable to damage once a motorcycle accident occurs. The victim may sustain a traumatic head injury. This kind of injury not just injures your head or deforms your face, it can also damage your brain. Brain injuries can result into cognitive problems, such as difficulty in reading, writing, and even speaking. At worst, brain injuries can even affect the motor and sensory functions of your body because of the brain’s limited coordination with the spinal cord.

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Cruise ship vacations are becoming exceedingly popular among tourists in the last recent years. More and more people prefer this particular method of travelling because it can provide plenty of enjoyable experiences. Vacationing on a cruise ship gives passengers access to luxurious accommodations while being transported across various locales. While enjoying the open sea, they also get to experience the different activities available to them on board. Plenty of cruise lines offer amenities such as restaurants, water parks, spas, and casinos to ensure that passengers have the best time while they travel to their destinations.

While cruise ships are definitely among the most attractive travel options available to tourists, there are still considerable concerns that passengers should be made aware of. As with any mode of transportation, there are certain risks involved in travelling by cruise ship. The website of the Vucci Law Group cruise ship lawyers delineates common accidents and injuries that passengers could face while on board a ship. Incidents such as slip and fall accidents, food poisoning, norovirus outbreaks, and accidents involving water slides, wave pools, and swimming pools are just some of the dangers that passengers should take note of. The threat of physical and sexual assault due to negligent security is another cause of concern, as well as fires caused by defective equipment and facilities.

Passengers who fall victim to these accidents can suffer from a variety of injuries. Some of these injuries can be severe and cause victims to deal with lifelong consequences. The worst on board accidents on a cruise ship can result in head trauma and spinal cord damage, leading to the possibility of temporary or permanent disability.

In this light, many legal experts assert that cruise lines should be vigilant in taking necessary precautions to ensure the safety of their passengers. It’s not enough that these lines provide state of the art facilities and luxurious accommodations, they should also be aware of their responsibility for the thousands of people on board their ship looking forward to an enjoyable time.

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Current Indications for Xarelto


Posted By on Sep 4, 2014

The Food and Drug Administration (FDA) is responsible for assessing and approving new drugs that are being proposed to be marketed in the US as well as for deciding if the conditions for which an existing drug is already approved for can be expanded. This is a long, complicated process, requiring extensive preparations including properly designed clinical trials, and even then there is no guarantee that the FDA will give its blessing.

A good example for this is the oral anticoagulant drug Xarelto (rivaroxaban), which was first approved by the FDA in July 2011 for distribution the US, initially for the treatment of atrial fibrillation (irregular heartbeat). Currently, Janssen Pharmaceutical can market Xarelto as a treatment for six conditions, namely:

  • Atrial fibrillation
  • Deep vein thrombosis (DVT)
  • Pulmonary embolism (PE)
  • Recurrent DVT or PE post acute venous thromboembolism treatment
  • Post-surgical prophylaxis following knee replacement procedures
  • Post-surgical prophylaxis following hip replacement procedures

This puts Xarelto on the top of other anticoagulants in terms of broadness in its indication profile, and J&J together with the drug’s manufacturer Bayer are making significant efforts to broaden it even more by including acute coronary syndrome (ACS), peripheral artery disease, and embolic stroke. So far, though, the FDA has withheld approval for these latest applications.

Different anticoagulants target specific factors in the coagulation cascade, and may have varying degrees of risk of side effects. Xarelto is a direct factor Xa (10-a) inhibitor, a class of drugs known as “xabans.” According to an article on the website of lawyers Williams Kherkher, serious side effects can happen with Xarelto which include uncontrollable bleeding in the brain and liver failure. Even worse, there is no known way to reverse its effects, which can lead to potentially fatal complications.

If you have been prescribed with Xarelto and suffered serious injuries because of it, you need to get legal representation to help you get compensation. Make an initial consultation with a Xarelto lawyer as soon as possible to find out how to get started.

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manufacturing defects

Most categories for the basis of personal injury require proof of negligence. Manufacturing defects, however, fall under strict liability. This means that even if there is no negligence on the part of the manufacturer, it can still be held liable for any injuries or deaths that result from manufacturing defects.

Manufacturing defects are defined as an unintentional departure from the design of the product which renders the product dangerous to consumers or users. Under the strict liability rule, manufacturing defects renders the manufacturer liable even if “all possible care was exercised in the preparation and marketing of the product” (American Law Institute, Restatement (Third) of Torts: Products Liability).

Victims of manufacturing defects can sue for compensation for their injuries. Some manufacturing defects have more serious consequences for the user than others, such as car parts. A defective brake, for example, or faulty ignition assembly can malfunction at any time and case a catastrophic accident for the driver, passengers, and other people or vehicles that may be in the immediate vicinity. This can render the car part manufacturer liable for all the injuries or deaths resulting from an accident caused by the defective part.

However, it is not always easy to prove that a part was defective, or that it was this defect that caused an accident. In a car accident, for example, the damage to the car may be so extensive that determining whether a part was defective or not may be impossible. The defense may also propose that it was human error rather than a defective part that was responsible for the incident.

Because the legal ramifications of a manufacturing defects claim can be difficult for a layman to follow, consultation with a products liability lawyer should be the first order of business. It is important to establish as early as possible whether manufacturing defects was the cause of an accident, and a lawyer experienced in these matters will know what steps to take to accomplish this.

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A recurring theme in many da Vinci robot lawsuits naming Intuitive Surgical Inc. as a defendant is that of inadequate training of surgeons in the use of the company’s robotic surgical system. Surgical injuries can occur with robot-assisted surgery in a number of ways, most commonly when blood vessels are nicked or organ linings are punctured by accident. It is also possible for a patient to be harmed when the electric current jumps from the instruments to the patient, causing burns that can lead to serious health issues or even death.

The surgeon’s training comes into play in this last instance with the simple act of cleaning an instrument that came with the da Vinci system in the midst of a procedure. Properly trained surgeons would know not to scrape instruments together to clean them as this causes the protective coating to be scraped off as well. This increases the risk of “arcing,” which is when an electrical current appears to jump from one surface to another.

Plaintiffs in the cases against Intuitive claim that the company knew of this particular risk, yet failed to inform surgeons about it.  Moreover, in order to increase the number of surgeons who are credentialed for its use and thus increase demand for the product, da Vinci system salespeople aggressively push hospitals relax credential requirements for surgeons being trained to use it. Since robot-assisted surgery is physically easier on the surgeon and comes at a premium, the tendency is for surgeons who have credentials to recommend the da Vinci system to their patients needing gynecologic, cardiothoracic, urologic and general surgery.

In most cases where burning occurred, surgeons are seldom listed as a defendant in personal injury claims because they are not considered to be at fault. The manufacturer is responsible for providing users of the new technology with the skills and knowledge to use the tool safely and effectively.

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Types of Brain Damage


Posted By on Jul 22, 2013

A physically traumatic event can result in brain damage, such as in a vehicular accident. But to say that there is brain damage can mean a lot of things. The damage may be mild and temporary and may resolve without any treatment. Alternatively, according to the Perth Amboy-based law firm Levinson Axelrod, P.A., brain damage can be extremely severe, resulting in permanent and total disability or death. The type of brain damage will depend on the amount and location of the force, and what portions of the brain was affected. Below are some of the more common types of brain damage.

Concussion

When the brain is subjected to a sudden and violent force, cranial nerves and blood vessels may be affected, causing disorientation, dizziness, and/or loss of coordination, consciousness, and memory. It is not easy to diagnose, which is why patients who sustained a blow to the head or involved in a vehicular accident are required to keep conscious for 24 hours after to report on symptoms. There is no treatment for a concussion, and may take a few months to a few years to heal. Occasionally, a blood clot can form which can lead to death. Concussions are the most common types of brain damage.

Contusion

When the brain bleeds from direct impact to the head, this is called a contusion. Small ones may be left alone to resolve by itself, but large ones may have to be removed surgically. There are several types of contusions, including:

  • Coup-Contrecoup Injury – the force is hard enough that the brain is “bounced off” the wall of the skull, creating contusions at both the original point of impact and at the opposite side
  • Diffuse Axonal Injury – when rotational forces, such as in a car accident occur, the violent movement causes the axons from all over the brain to shear away, causing interruptions in the firing of information from the brain to the body and vice versa. The effects can be temporary or permanent, depending on the amount of force and the site of shearing.

There are other types of brain damage. The aforementioned are simply the most common that occurs in car accidents. If you or someone close to you sustained any form of brain damage as a result of the negligent actions of a third party, you may have a case for a personal injury claim.

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