Pennsylvania Injury Lawyer Blog

In 2010, the DePuy ASR XL Acetabular Hip System was recalled. Yet, in 2012 ASR hip news continues to break and ASR hips continue to be a concern to patients who received these hip replacements prior to the recall. Recently, the New York Times reported that hip replacement failures may cost taxpayers, insurers, and others billions of dollars.

The primary concern about ASR hips, and the reason that new reports of injuries and lawsuits continue to break is that metal on metal hip dislocation can result in serious, potentially fatal, problems. Metal on metal hip dislocation can cause metal to be released into a patient’s bloodstream and may cause the implanted hip to fail.

These problems will not happen for all patients who received DePuy ASR hip replacements. However, they are problems that patients should be aware of and should talk to their doctors about. Doctors can help ensure proper monitoring, which will hopefully lead to early treatment should you need it, and potentially keep you from adding to the bad news associated with ASR hip replacements.

Yesterday, while stopped at a red light, instead of staring at the light impatiently waiting for it to change, I found myself watching the other lanes. I watched as the driver perpendicular to where I was stopped made a left turn in front of me, one hand on the wheel, and the other hand holding up her cell phone. After she passed, a van pulled up n the lane beside me. I glanced over and also saw that driver holding her cell phone. It makes me wonder Is Distracted Driving becoming the new social norm?

As a society, we’re glued to our cellular phones. At family gatherings during the holidays, I noticed that everyone had their cell phones on the table right next to them, except when they using the device to text or check e-mails. Is there something wrong with me, for leaving it in my purse, with a ring loud enough that I can hear it ring in the event of an emergency? Are we that bored with everything that doesn’t involve a touch screen, or has mobile social networking given us the neurotic compulsion to constantly know what everyone else is doing?

We let our phones distract us from life. It’s now more important to play with our mobile devices than respectfully provide attention to our relatives during annual traditions. But we shouldn’t let our lives pass us by because we’re distracted by a phone, especially when we are behind the wheel.

In November, Pennsylvania Governor, Tom Corbett, passed a ban on Texting While Driving that will go into effect in March. Unfortunately, this ban applies to texting while driving only. It does not prevent drivers from talking on their cell phone while driving. The City of Philadelphia does have a weakly enforced ban on talking on a hand-held device while driving, but that ban is set to expire in March.

Texting was originally planned to be a secondary offense, meaning a fine could be given only if the driver was stopped for another, more serious offense. But thanks to some strong Safe Driving Advocates texting will be a serious offense. Under SB 314, text messaging while behind the wheel will be subject to primary enforcement, which allows law officers to stop and cite offenders for that reason alone and fine them a $50 violation. So, as a driver, if you are spotted texting while driving, you can be pulled over and fined.

Continue reading " Texting Ban Fights Distraction " »

As the 2012 legislative session begins all eyes are on the road ahead or should be.

The National Highway Safety Board is making recommendations to enact laws impacting distracted driving, now considered a greater social problem, more dangerous than drunk driving.

The Automobile Association of America (AAA) is also prioritizing its legislative efforts in 2012 to focus on distracted driver and teen driver safety.

The AAA's legislative agenda for 2012 includes advocating laws in every state banning texting while driving, full wireless bans for new teen drivers, and stiffer penalties and fines for drivers committing violations or who crash or cause crashes while driving distracted.

In 2009, AAA launched a national campaign to urge all states to ban texting while driving. In 2011, five states enacted such bans, which raised the total number of states with texting bans to 35. We can do better than that.

Continue reading " Getting tough with distracted driving " »

There are few moments as important to a teen and as frightening to a parent as letting a newly licensed teenager drive without parental supervision. You trust your child and believe that he or she is ready for this important step toward adulthood, but the thought of a fatal car accident keeps you up at night.

What Can You Do To Keep Your Child Safe?
Your child has completed a good driver’s education course, has driven with you many times, and has earned his or her license. Now is the big moment. To further promote good driving practices, consider signing a contract with your teen that includes the following:

• A limitation on the number of passengers your teen may have in the car at any time. Serious accidents are more likely for teen drivers who have more passengers with them in the car.
• A strict prohibition on all use of cell phones and other electronic equipment including but not limited to iPods and GPS.
• A no tolerance policy for any amount of alcohol or drugs.
• A requirement that your teen, and all passengers, always wear seat belts.
• A requirement that your teen always obey the speed limit and other traffic laws.
• A curfew, or time by which your teen must be home at night.
• Other requirements that meet the needs of your family and foster responsible driving practices.

Of course, many of these things are already imposed by state law. However, your teen needs to know that you are also enforcing these safety requirements and that any violation, no matter how minor, will result in a loss of driving privileges.

Fatal car accidents involving teen drivers are unbelievably tragic. They are mistakes that can’t be righted. Thus, it is important to take the steps necessary to protect your child, and your family, from a fatal car accident before your child gets behind the wheel of the car.

There’s nothing quite like a migraine headache. The sufferer just wants to lie down in a dark place and hope the pulsing throbbing pain on one side of his or her head subsides soon. Sometimes migraines come with vomiting, nausea and sensitivity to light and sound. Sometimes auras or distracting dots and numbness alert the sufferer to the imminent headache.

Migraine headaches are debilitating to the point of not doing chores or driving a car or going to work. Migraine headaches typically last from 4 to 72 hours.

Medications used to quell migraines fall into two categories:

• Pain-relieving medications - Drugs are taken during migraine attacks and are designed to stop symptoms that have already begun.
• Preventive medications - Drugs taken regularly, often on a daily basis, to reduce the severity or frequency of migraines.

Pain relieving medications include over the counter medications like Motrin, Advil, and Tylenol. Some prescription drugs are Axert, Zomig, Relpax, Migergot, and Cafergot.

Preventive medications don't eliminate headaches entirely, and some cause serious side effects like the anti-seizure drug Topamax. FDA approved the use of Topamax to prevent migraine headaches, but not to relieve the pain of migraines. Anti-seizure drugs may cause side effects like nausea and vomiting, diarrhea, cramps, hair loss, and dizziness.

Continue reading " Migraine Headache Rx Dangers " »

On January 4, 2012 the FDA issued an order requiring the manufacturers of transvaginal mesh to study its risks. Manufacturers such as Johnson & Johnson, CR Bard, and Boston Scientific will conduct studies on dangers of transvaginal mesh and report back to the FDA. The information gained from the studies will help the FDA decide whether transvaginal mesh devices should be reclassified as high risk.

While this recent action is short of an FDA recall on vaginal mesh, it is a sign that the FDA is concerned about vaginal mesh complications. If the FDA decides to reclassify transvaginal mesh, the process could take years. In the meantime, women considering transvaginal mesh surgery and women who have had transvaginal mesh surgeries should consult with their doctors about the warning signs of potential complications and how to treat them.

Your doctor will or has already implanted transvaginal mesh into your pelvic vaginal area. It is a medical device and has the same FDA classification as a condom.

Based on an increase of adverse event reports submitted to the FDA, evaluation of published literature, and the September 2011 Obstetrics-Gynecology Devices Panel meeting, the FDA is considering the recommendation that urogynecologic surgical mesh used for transvaginal repair of pelvic organ prolapse (POP) be reclassified from Class II to Class III.

The FDA classifies medical devices based on the risks associated with the device. Devices are classified into one of three categories—Class I, Class II, and Class III.

Class I devices are deemed to be low risk and are therefore subject to the least regulatory controls. For example, dental floss is classified as Class I device.

Class II devices are higher risk devices than Class I and require greater regulatory controls to provide reasonable assurance of the device’s safety and effectiveness. For example, condoms are classified as Class II devices -- the same as implantable transvaginal mesh.

Continue reading " Transvaginal mesh and condoms – FDA Class II " »

Actos is an equal opportunity Type 2 diabetes drug that causes bladder cancer in men and women. While both sexes are at risk, men are more at risk.

However, women who take Actos for type 2 diabetes not only are at risk for bladder cancer but are also at risk for fractures known as secondary osteoporosis.

What is worse? Women, what’s worse diabetes or the cure? Type 2 diabetes is manageable with a complementary prescription drug and nutrition. But bladder cancer and bone fractures?

At the School of Medicine, Health Policy and Practice, University of East Anglia in Norwich, UK, their study aimed to determine the risk of fractures associated with thiazolidinedione therapy and to evaluate the effect on bone density. Pioglitazone (Actos) and Rosiglitazone (Avandia) are in the thiazolidinedione (TZD) class of drugs.

For the purpose of the blog post, let’s focus on Actos.

Continue reading " Bone fractures, Actos and bladder cancer in women " »

That’s a good question.
If the driver of the car was at fault and has insurance, you should be covered by his or her insurance. You may be entitled to pain and suffering and expenses related to your injuries from the multiple vehicles involved as well as the car you were in.

Since you are the passenger, you would not be considered at fault unless you grabbed the steering wheel, distracted the driver, or assaulted the driver.

However if you were driving someone else’s car and you do not have insurance, it will depend on the car owner’s insurance policy as to whether or not you are covered. If you have insurance, it’s not a problem or if you are not at fault and the other driver was, it shouldn’t be a problem.

However, don’t for a moment think that since it wasn’t your car that you won’t have a blemish on your driving record. The accident will follow the driver. The car owner’s insurance company may still pay for the damage if you carry collision coverage on your own policy providing you have car insurance. The car owner may see rates increase because of the claim, but would not have an at fault accident on his or her record.