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Transvaginal Mesh Product Sold Without FDA Clearance

New York City Immigration Attorney — Fri, 13 Apr 2012 16:59:00 GMT

Originally used to treat those suffering from an abdominal hernia, transvaginal mesh is a synthetic barrier that is used today to deal with cases of Pelvic Organ Prolapse as well as Stress Urinary Incontinence. Many women may face issues of their pelvic muscles and ligaments weakening as a result of age or other occurrences. This can cause the organs to begin dropping down, affecting the function of important parts of the body. This can lead to a number of uncomfortable and serious symptoms that in many cases may require surgery.

While the device has been a great benefit to many people that are suffering from these issues, there have also been many complications with the product that is causing additional problems in those that have undergone the surgery. For those that have experienced a personal injury as the result of a faulty transvaginal mesh product, the representation of a New York City injury attorney should be sought.

Since not every product that is out on the market ends up proving to be safe, the Federal US Food and Drug Administration requires a certain standard for an item to be cleared by them. While clearance does not guarantee the safety of a product, products approved by the FDA should always be sought since there is the additional protection provided by their inspection. A One commonly known brand, Johnson & Johnson has their Gynecare Prolift vaginal mesh product out on the market. They have come under fire when it was brought to public attention as well as the attention of the FDA that this product was being sold for three years without being passed by the FDA. While the company tries to claim that they had clearance under the 510K for an earlier product, the FDA disputes the claim and says an additional 510K should have been sought for the Prolift.

During the time the item was on the market without clearance, tens of thousands of women underwent surgery for the product believing that it had passed regulations and gained clearance. Since the issue has become known, many medical professionals and consumers have come out claiming the issues they have seen with the product, further testifying to the lack of care that was taken by the company. If you or a loved one are suffering from an issue related to a transvaginal procedure, contact a New York City injury lawyer from Hecht, Kleeger & Damashek as soon as possible to learn more about how they can assist you when you have been wronged.

Cancer Drug Scam

Hecht, Kleeger & Damashek — Wed, 15 Feb 2012 20:14:00 GMT

Medical clinics and the patrons of these facilities are the most recent victims of an elaborate scam involving counterfeit versions of a cancer drug that has been widely used and distributed among patients in need. An intravenous drug known as Avastin has gained popularity within the medical field to treat cancer patients throughout the U.S. However, the drug has been identified as counterfeit and not deserving of the attention and use it has been getting from many of the medical clinics which have been utilizing the drug over the past couple of years.

Patients suffering from colon, kidney, lung, and other types of cancers are those who stand to be most affected by the fraudulent drug that has made its way into the medical field. Avasin has been used as a more affordable alternative to another pricey medicine that is often used in chemotherapy treatments to block the blood supply flowing to tumors. Unfortunately, tests generated by Genetech (a Swiss pharmaceutical company) brought to light evidence that an active ingredient was missing from the cheaper version of the chemotherapy drug.

The Food and Drug Administration (FDA) has issued warnings against the use and distribution of this drug. Users are advised to cease use of the medication and clinics have been warned against continuing to prescribe it. According to reports, Avasin is packaged differently from the real thing. Users can differentiate between the fraudulent drug and the true one by assessing the labels of each. True versions of the drug that are not counterfeit will reflect English labels that identify the drug as being made by Genetech. Fake versions of the drug come in boxes written in French that identify the manufacturing company to be Roque. These boxes reflect inaccurate serial numbers which should serve as warnings as to their inability to produce the effects of the real drug.

Last week, 19 letters were sent by the FDA to health care facilities that have been using the unapproved cancer medication. Health care providers have been warned against continuing to use these drugs, and doctors have been advised to dump any remaining medicines still in their possession. It has yet to be determined how widespread the problems related to the counterfeit drug will be, but it has been stated that the fraudulent and dangerous drug ranked 14^th among the nation's best-selling drugs in 2010. Additionally, $6 billion a year has been brought in by Avastin sales.

If you or someone you know has taken this drug as a form of cancer treatment then you may have a legal case on your hands. This is a serious criminal offense that could cause significant injury and/ or illness to the unfortunate and unsuspecting persons who were directed to use the unapproved drug. Therefore, a New York personal injury attorney from Hecht, Kleeger & Damashek should be contacted as quickly as possible to attend to the legal aspects of a medical malpractice case such as this. To learn more about how the firm can help represent your case, contact a New York dangerous drugs lawyer from the firm today.

Pop Star Death Leads to Medical Subpoenas

Hecht, Kleeger & Damashek — Wed, 15 Feb 2012 20:12:00 GMT

While it has yet to be officially determined what the cause of the star's passing was, investigations are underway. The doctors and medical providers of the former Ms. Houston have been issued subpoenas to release their medical and pharmacy records in regards to the pop star. Information has already been released identifying the several bottles of prescription medication that were found in the star's hotel room after her death. Nothing has been released about the dosage amounts of the types of drugs involved, but further investigations may change this fact.

For any death investigation, it is standard procedure to request medical records such as those that were asked for on behalf of Ms. Houston. While this will be a highly publicized case due to the notoriety of the star, there are many more like it which are equally as serious in nature, yet much less publicized. Dangerous drugs and other acts of foul play that occur within the medical field are more frequent than anyone would like to admit. However, these are a reality and they deserve to be represented by a professionalNew York personal injury attorney who can help attend to the legal aspects of personal injury claims of this nature.

If you believe that a loved one's death was the result of unapproved medication that was given to them illegally by their medical physicians, then you may have a medical malpractice case on your hands. In order to address these issues, you should not hesitate to contact a New York wrongful death lawyer from our firm to begin taking action on behalf of the loved one who may have wrongfully lost their life due to a physician's reckless or negligent behaviors.

Steps of a Personal Injury Claim

HKPD — Tue, 25 Oct 2011 21:00:00 GMT

You've been injured in an accident. Not only are you frightened, hurt and worried, but you are also unsure of the proper way to handle the situation. You understand that another person's actions have led directly to the injuries you have sustained, yet you don't know whether to approach the at-fault party, their insurance company or the authorities.

As a personal injury law firm with over 60 years of collective trial experience and over $100 million recovered for our clients, we truly understand the proper steps to take after being involved in any type of accident in New York City.

1. Seek appropriate medical treatment. Without a doctor, you may be unaware of the extent of your injuries, and some injuries take several days or weeks to surface if a victim does not see a doctor beforehand. You will most likely not be able to file a claim for personal injury if you do not see a doctor about your injuries, and most importantly, your health may suffer as a result.

2. Find the right NYC personal injury attorney.Finding an attorney that will stand at your side and support your case will prove to be extremely beneficial in the outcome of your case. Additionally, you will want to work with a law firm that has a team with experience in a courtroom. There is no substitute for trial experience, and the more experience your attorney has, the more they can bring to your case.

3. Do not speak with any insurance companies. Hold off on talking to insurance companies, especially the adjuster for the at-fault party. They will attempt to talk to you before you have "lawyered up" and may try to offer you a smaller settlement. Do not be fooled – this settlement is not likely to cover the true extent of the damages and your injuries.

Having an attorney is the most important step in filing a personal injury claim. Without an attorney, you will most likely be unable to collect the full extent of your claim, if any at all. The opposing party may attempt to seek legal representation as well, which may result in their favor. In some cases, they may have their attorney investigate and come up with evidence to show that you, in fact, were the cause of the accident, when this may not be true. Do not attempt to file your claim without an attorney, call our law firm today.

After being involved in an accident, do not wait to call the New York City personal injury lawyers from HKPD. We have years of experience in the area of personal injury law and car accident law, which can be used to your advantage.

Contact a New York City personal injury attorney for further questions.

The Dangers of Driver Distractions in NYC

HKPD — Thu, 20 Oct 2011 23:10:00 GMT

A recent study released by the NYPD revealed that drivers who speed are no longer the ones we should be concerned about.

Instead, drivers who are distracted are more of an immediate concern.

The study was done in correspondence to a new city law that requires the information from every major crash to be posted. In August alone, the study showed that 541 car accidents were reported every day, totaling nearly 16,800 for the month.

11% of all accidents reported that driver inattention and distraction was the main cause of the accident, which equaled out to 1,877 accidents. Speed related accidents accounted for 197 car accidents the entire month.

The data, however, may be skewed due to the fact that it is collected to reflect citywide accidents, and traffic does not usually reach high or unsafe speeds in many areas. What the data may imply, though, is that these drivers may feel that because they are stuck in gridlock, they have the free time to talk on their cell phone, apply their makeup, eat, or do anything else besides for paying attention to the road.

If you or someone you know has been involved in a car accident in the New York City area or a surrounding neighborhood, do not wait to get the legal help that you need, especially if your accident was caused by a distracted driver.

Driver distractions are everywhere; even having a passenger in your vehicle can lead you to become distracted while driving.

Simply because of this, it is important to speak to a New York City personal injury attorney after you have been involved in an accident.

Whether your vehicle was rear ended or a side-impact collision has totaled your vehicle, HKPD is the law firm to call. We have extensive experience as trial attorneys, and can use this to your advantage when filing a personal injury or car accident claim.

Contact a New York City personal injury lawyer from our office today.

New York Crackdown on Commercial Drivers

HKPD — Wed, 11 May 2011 11:50:00 GMT

Following a string of catastrophic automobile accidents involving commercial vehicles, New York has arrested 46 individuals for driving with suspended commercial driver's licenses.

On March 15, 2011, 15 people were killed in a c ommercial bus accident while traveling on a bus returning from a casino.

Such accidents expose the drivers who caused these accidents to criminal liability as well as civil liability for causing injuries, pain and suffering, lost income and wrongful death to the victims and their families.

It is now well settled in New York that in negligence actions, summary judgment in favor of plaintiff is warranted where the defendants own conduct inculpates him. Ugarizza v. Schmieder, 46 N.Y.2d 471 (1979); Andre v. Pomeroy; 35 N.Y.S.2d 361 (1974); Gerard v. Ingelese, 11 A.D.2d 381; Siegel, Practice Commentaries, CPLR 3212; pp 104-105 (McK Supp).

I n Terranella v. Cohen , 491 N.Y.S.2d 711, it was succinctly held that it is negligence as a matter of law where defendant's liability is clear, unless there is a true excuse. The Court of Appeals has held that summary judgment in a negligence action will be granted to plaintiff where there is no conflict at all in the evidence, the defendant's conduct falls below reasonable care and plaintiff's conduct is not causally involved. Cf. Heimrich v. Stevens, 67 A.D.2d 1093.

Similarly, in Young v. City of New York, 113 A.D.2d 833, 439 N.Y.S.2d 586, it was specifically held that a rear-end collision is "sufficient to create a prima facie case of liability on the part of plaintiff and imposes a duty of explanation with respect to the operator of the offending vehicle", citing O'Callahan v. Flitter , 112 A.D.2d 1030, 493 N.Y.S.2d and Carter v. Castle Electric Contracting Co., Inc., 26 A.D.2d 83, 271 N.Y.S. 2d 51See Also; Acampora v. Davis, 610 N.Y.S.2d 311; Ramos v. Thall, 612 N.Y.S.2d 934; Parise v. Meltzer, 611 N.Y.S.2d 291; Forbes v. Plunne, 609 N.Y.S.2d 387.

A driver of a vehicle must not only maintain a reasonably safe distance between himself and the traffic he is following, but he is also charged with being aware of traffic and road conditions including a stoppage in traffic caused by another driver several cars ahead. Reingold Sass v. Ambu Trans Inc., 657 N.Y.S.2d 69; Barba v. Best Security Corp (Supra) Bando-Twomey v. Richheimer, (Supra); Lectora v. Gundrieni, 255 A.D.2d 738; McCarthy v. Miller, 139 A.D.2d 738, Cerda v. Parsley, et al. (Supra), Aloia v. Stoffel, (Supra).

If you or a loved on has been injured in an automobile accident, you may be entitled to a significant settlement or award from a jury. Contact a New York personal injury attorney for a consultation.

Welcome to our Personal Injury Blog

Personal Injury Attorney — Mon, 11 Apr 2011 23:03:00 GMT

We are pleased to announce the launch of our Personal Injury Blog.