Archive for February, 2012

Some Asbestos Cases Just Got Easier in PA

Both plaintiffs and defendants in asbestos lawsuits agree that asbestoscauses 80 to 90 percent of all mesothelioma cases. You would think that it naturally follows that 80 to 90 percent of mesothelioma lawsuit plaintiffs do not have to prove to a jury that asbestos exposure caused their mesothelioma. Until recently, that was not the case. Instead, through a legal process called reverse bifurcation, most if not all mesothelioma lawsuit plaintiffs had to first prove in court that their mesothelioma diagnosis is tied to past asbestos exposure. Once this was proved – and it usually was — most cases settled out of court.

Now, as reported by the Legal Intelligencer, after nearly a quarter of a century of trying asbestos lawsuits with reverse bifurcation, the Philadelphia Common Pleas Court’s mass torts program for asbestos began “straight-through trials” of asbestos cases in which it is uncontested that plaintiffs have mesothelioma because of asbestos exposure.

“Straight through trial” basically means that the plaintiffs do not first have to prove to the court – with documents and records and other evidence – that asbestos exposure caused their mesothelioma. Instead, the court takes for granted that it did, in which case most lawsuits settle out of court. So far though, even those that have gone through to trial have ended favorably for plaintiffs. One such mesothelioma patient and his family won $4.5 million in a recent trial verdict.

It’s good news for mesothelioma victims and not so good news for some defendants who make or have made asbestos-containing products. Examples of companies that had ready defenses to disprove asbestos exposure from their products as the cause of mesothelioma in a plaintiff include break pad manufacturers and insulation companies. These defendants would use reverse bifurcation to fight off taking responsibility for the victim’s illness. Hopefully, more states will follow PA’s lead on this.

If you or a loved one has suffered from asbestos exposure and later developed mesothelioma, call an asbestos attorney at Sokolove Law today for a free consultation.

Asbestos

Study Finds Mesothelioma May Be Caused Partly Due to Genetics

A new study financed by a section of the National Institutes of Health has made the first potential connection to an individual’s genetics and susceptibility to eventually developing deadly asbestos illnesses such as mesothelioma.

The study, which was recently published online in Nature Genetics, found evidence that people with BAP1 gene mutations may have an increased chance of developing multiple cancer types such as mesothelioma, breast, ovarian, pancreatic and renal cancers. The study highlighted two U.S. families with members who have the BAP1 gene mutation. Both families also have “a high incidence of mesothelioma.”

“This discovery is a first step in understanding the role of the BAP1 gene and its potential utility when screening for mutations in those at high risk,” said Dr. Michele Carbone, study co-leader and director of the University of Hawaii Cancer Center. “Identifying people at greatest risk for developing mesothelioma, especially those exposed to dangerous levels of asbestos and erionite worldwide, is a task made easier by virtue of this discovery.”

Dr. Joseph R. Testa, another study co-leader and the Carol and Kenneth E. Weg chairman in Human Genetics at Fox Chase Cancer Center, said the study was the first to “demonstrate that individual genetic makeup can greatly influence susceptibility to mesothelioma.”

While only a first step, the discoveries noted in this study could one day lead to fundamental progress in mesothelioma care. Thanks to Drs. Carbone and Testa and their crew for the hard work. We hope this is just the beginning of bigger breakthroughs to come.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing. If you feel that a company or former employer may be responsible for the asbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing amesothelioma lawsuit.

Mesothelioma

What are the Most Common OB Mistakes

Medical liability cases against obstetricians and other doctors who participate in the birthing process are most often spurred by errors in clinical judgment, miscommunication between doctors, and technical mistakes.

All of these errors can potentially result in a birth injury occurring that may remain with the newborn child for their entire lives.

According to a study released this month by CRIGO Strategies that analyzed more than 800 OB medical liability cases filed between 2005 and 2009, the three most common allegations in the lawsuits were as follows: Delayed treatment of fetal distress, improper execution of vaginal delivery, and improper management of pregnancy.

“Obstetrics has some unique vulnerabilities, most often involving situations in which a sequence of errors or oversights cascade into a crisis that can put mother and baby in jeopardy,” said Robert Hanscom, CRIGO’s senior vice president.

Obstetrician errors can result in a number of birth injuries that can affect the mother and/or the child being born. Among the more serious birth injuries a newborn can suffer from is cerebral palsy, which can affect a newborn for the rest of his or her life and often relegate them to a wheelchair and constant medical care.

If you or your child was born with a birth injury that can be attributed to medical error, such as cerebral palsy, there may be legal options available to you. Contact a birth injury attorney at Sokolove Law today to learn about your options regarding a lawsuit against the doctors who caused your injury.

Birth Injury

Taking Action on National Mesothelioma Awareness Day

Aside from legal ads on TV, many Americans don’t know what asbestos is or where it can be found, let alone that exposure to this dangerous material can result in the development of an asbestos-related cancer such as mesothelioma. In fact, mesothelioma occurs in such a small number of patients – it’s estimated that only 2,500-3,000 new patients are diagnosed every year – that the disease is often referred to as an orphan disease. And while new mesothelioma treatments can alleviate symptoms and improve a patient’s quality of life, to date there is no proven cure for the disease.

Perhaps most troubling is the fact that despite these known health risks, asbestos is still not banned in the United States and is manufactured and used every day.

But you can help change this. There are a number of easy ways for you to join the fight to ban asbestos and beat mesothelioma forever, and it all begins with one simple goal: raising awareness.

Each year, the Mesothelioma Applied Research Foundation (MARF) recognizes September 26 as National Mesothelioma Awareness Day in order to educate the public about the dangers of asbestos exposure and raise much-needed financial support for research towards improved treatments of the disease. The first Mesothelioma Awareness Day was started in 2004 by a group of volunteers and every year since has been larger and more widespread.

Want to participate, but don’t know where to start? Here are some ideas:

  • Write a letter to Congress urging them to ban asbestos. We have a pre-written letter on our homepage you can sign and send digitally in minutes. (Yes, your representatives really receive them and sometimes they’ll even write you back!)
  • Spread the word! You can click the Facebook and Twitter buttons on the top or bottom of this page to easily share the news about Mesothelioma Awareness Day with your friends.
  • Join MARF’s social media campaign. They have ready-to-use facts and updates for you to share online.
  • Plan or attend a fundraising event. You can check MARF’s event calendar to see if there’s anything planned in your area, and if there isn’t, they have otherideas how you can become involved – both on 9/26, as well as throughout the year.
  • Make a donation to a non-profit organization like MARF or the Asbestos Disease Organization (ADAO).
  • Check out the Mesothelioma Resource Center’s list of ways to raisemesothelioma awareness, which include contacting local news outlets, meeting local government leaders, fundraising and more.

Whether it’s the click of a mouse or a dollar in a donation jar, you CAN make a difference on National Mesothelioma Awareness Day. By raising awareness, we can save lives through safety education and prevention, as well as gaining support for the movements to ban asbestos and secure additional funding for improved treatments.

So take action and spread the word! Together, we can ban asbestos and beat asbestos-related diseases like mesothelioma.

Mesothelioma

Study Finds Mesothelioma May Be Caused Partly Due to Genetics

A new study financed by a section of the National Institutes of Health has made the first potential connection to an individual’s genetics and susceptibility to eventually developing deadly asbestos illnesses such as mesothelioma.

The study, which was recently published online in Nature Genetics, found evidence that people with BAP1 gene mutations may have an increased chance of developing multiple cancer types such as mesothelioma, breast, ovarian, pancreatic and renal cancers. The study highlighted two U.S. families with members who have the BAP1 gene mutation. Both families also have “a high incidence of mesothelioma.”

“This discovery is a first step in understanding the role of the BAP1 gene and its potential utility when screening for mutations in those at high risk,” said Dr. Michele Carbone, study co-leader and director of the University of Hawaii Cancer Center. “Identifying people at greatest risk for developing mesothelioma, especially those exposed to dangerous levels of asbestos and erionite worldwide, is a task made easier by virtue of this discovery.”

Dr. Joseph R. Testa, another study co-leader and the Carol and Kenneth E. Weg chairman in Human Genetics at Fox Chase Cancer Center, said the study was the first to “demonstrate that individual genetic makeup can greatly influence susceptibility to mesothelioma.”

While only a first step, the discoveries noted in this study could one day lead to fundamental progress in mesothelioma care. Thanks to Drs. Carbone and Testa and their crew for the hard work. We hope this is just the beginning of bigger breakthroughs to come.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing. If you feel that a company or former employer may be responsible for the asbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing amesothelioma lawsuit.

Mesothelioma

What are the Most Common OB Mistakes

Medical liability cases against obstetricians and other doctors who participate in the birthing process are most often spurred by errors in clinical judgment, miscommunication between doctors, and technical mistakes.

All of these errors can potentially result in a birth injury occurring that may remain with the newborn child for their entire lives.

According to a study released this month by CRIGO Strategies that analyzed more than 800 OB medical liability cases filed between 2005 and 2009, the three most common allegations in the lawsuits were as follows: Delayed treatment of fetal distress, improper execution of vaginal delivery, and improper management of pregnancy.

“Obstetrics has some unique vulnerabilities, most often involving situations in which a sequence of errors or oversights cascade into a crisis that can put mother and baby in jeopardy,” said Robert Hanscom, CRIGO’s senior vice president.

Obstetrician errors can result in a number of birth injuries that can affect the mother and/or the child being born. Among the more serious birth injuries a newborn can suffer from is cerebral palsy, which can affect a newborn for the rest of his or her life and often relegate them to a wheelchair and constant medical care.

If you or your child was born with a birth injury that can be attributed to medical error, such as cerebral palsy, there may be legal options available to you. Contact a birth injury attorney at Sokolove Law today to learn about your options regarding a lawsuit against the doctors who caused your injury.

Birth Injury

Taking Action on National Mesothelioma Awareness Day

Aside from legal ads on TV, many Americans don’t know what asbestos is or where it can be found, let alone that exposure to this dangerous material can result in the development of an asbestos-related cancer such as mesothelioma. In fact, mesothelioma occurs in such a small number of patients – it’s estimated that only 2,500-3,000 new patients are diagnosed every year – that the disease is often referred to as an orphan disease. And while new mesothelioma treatments can alleviate symptoms and improve a patient’s quality of life, to date there is no proven cure for the disease.

Perhaps most troubling is the fact that despite these known health risks, asbestos is still not banned in the United States and is manufactured and used every day.

But you can help change this. There are a number of easy ways for you to join the fight to ban asbestos and beat mesothelioma forever, and it all begins with one simple goal: raising awareness.

Each year, the Mesothelioma Applied Research Foundation (MARF) recognizes September 26 as National Mesothelioma Awareness Day in order to educate the public about the dangers of asbestos exposure and raise much-needed financial support for research towards improved treatments of the disease. The first Mesothelioma Awareness Day was started in 2004 by a group of volunteers and every year since has been larger and more widespread.

Want to participate, but don’t know where to start? Here are some ideas:

  • Write a letter to Congress urging them to ban asbestos. We have a pre-written letter on our homepage you can sign and send digitally in minutes. (Yes, your representatives really receive them and sometimes they’ll even write you back!)
  • Spread the word! You can click the Facebook and Twitter buttons on the top or bottom of this page to easily share the news about Mesothelioma Awareness Day with your friends.
  • Join MARF’s social media campaign. They have ready-to-use facts and updates for you to share online.
  • Plan or attend a fundraising event. You can check MARF’s event calendar to see if there’s anything planned in your area, and if there isn’t, they have otherideas how you can become involved – both on 9/26, as well as throughout the year.
  • Make a donation to a non-profit organization like MARF or the Asbestos Disease Organization (ADAO).
  • Check out the Mesothelioma Resource Center’s list of ways to raisemesothelioma awareness, which include contacting local news outlets, meeting local government leaders, fundraising and more.

Whether it’s the click of a mouse or a dollar in a donation jar, you CAN make a difference on National Mesothelioma Awareness Day. By raising awareness, we can save lives through safety education and prevention, as well as gaining support for the movements to ban asbestos and secure additional funding for improved treatments.

So take action and spread the word! Together, we can ban asbestos and beat asbestos-related diseases like mesothelioma.

Mesothelioma

Zoloft Lawsuit Filed Against Pfizer

Zoloft lawsuit has been filed against drug maker Pfizer by a group of parents who claim the antidepressant caused their children to be born with severe birth defects, including heart damage.

According to the Madison Record, six couples filed Zoloft lawsuits on December 2, 2011 and allege that, despite the medical studies published on the dangers of drugs similar to Zoloft in pregnant women, the mothers were all prescribed the antidepressant drug during their pregnancies. thedangerous drug lawsuits claim that Pfizer was aware of the possible risks Zoloft posed, and that the company did not properly design or test their antidepressant.

The Zoloft lawsuits also claims that the drug did not have proper labeling to warn consumers about the possibility of birth defects associated with its use in pregnant women, and that Pfizer violated Consumer Protection Laws.

The drug maker is being charged with breach of implied warranties, fraud, misrepresentation and negligence.

If you or a loved one has been harmed by Zoloft or another dangerous drug, contact Sokolove Law for a free legal consultation and to learn about your options.

Zoloft Lawsuit

Vaginal Lawsuit Statement

Vaginal Lawsuit : Incontinent nulliparous women have been shown to have a quantitative and qualitative reduction in the collagen content of their tissues12where no evidence of neuromuscular damage exists. In the Nuns Study, 50% postmenopausal) nuns complained of UI; 30% of these complained of stress incontinence, 24% had urge incontinence and 35% had mixed symptoms. Therefore, in the absence of obstetric trauma, UI is more commonly seen to be of a stress rather than an urge type It is possible that neuromuscular damage and connective tissue deficiency are co-contributors in the aetiology of UI. Among primigravid women, those with excessive bladder-neck mobility have the highest risk of postpartum urinary incontinence.14 It seems likeLy that connective tissue damage is a ‘prerequisite’, and that neuromuscular damage contributes to the aetiology of USI.

Thirty-seven percent of women notice a deterioration in symptoms prior to menstruation.15 Furthermore, progestogens have been associated with an increase in irritative bladder symptoms1617 and urinary incontinence in those women taking combined hormone replacement therapy.18 The incidence of DO in the luteal phase of the menstrual cycle may be associated with raised plasma progesterone following ovulation – progesterone has been shown to antagonize the inhibitory effect of oestradiol on rat detrusor contractions.19 This may help to explain the increased prevalence of DO found in pregnancy.

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Intervention may be preventive. Elective caesarean section may prevent neuromuscular damage9 but may not prevent postnatal UI.4 Rather, antenatal pelvic-floor-muscle training is effective in reducing the incidence of post­partum UI.8Postpartum pelvic-floor-muscle training is effective in reducing the incidence of UI at one year. Follow-up of a cohort of women who delivered in 1994 showed that 31.8% of those dry pre­pregnancy are now incontinent.21 Women with increased bladder-neck mobility have an increased incidence of stress incontinence at 14 weeks postpartum, even if there is no pre­existing symptomatology.14 However, onset of UI prior to the initial pregnancy is the best predictor of incontinence 5-7 years later.21 Caesarean section remains protective, but less so than at three months postpartum, with a relatively greater effect with increasing parity. The effect is particularly pronounced if the caesarean section is undertaken prelabour.

Information from other sources on Vaginal Lawsuit

‘Routine’ episiotomy was introduced in the UK in the 18th Century and has been advocated to prevent severe perineal tears and preserve sexual function. Review of five randomized controlled trials of the use of routine and selective episiotomy reveals that sexual function is poorer in the routine group, with no difference in the prevalence of UI and no difference in pelvic-floor-muscle strength.24 Ventouse delivery is less traumatic than forceps, but its use has not been shown to be associated with a reduced incidence of UI or neuromuscular damage.

Symptoms of urogenital atrophy are a manifestation of oestrogen withdrawal following the menopause, and may appear many years after the last menstrual period.1 Oestrogen deficiency following the menopause is known to cause atrophic changes within the urogenital tract2and is associated with urinary symptoms. The role of oestrogen replacement in the treatment of these symptoms of urogenital atrophy has still not been clearly defined despite several randomized trials and widespread clinical use. This chapter presents an overview of the pathogenesis and management of urogenital symptoms and the role of oestrogen replacement therapy.

In addition to oestrogen receptors, both androgen and progesterone receptors are expressed in the lower urinary tract, although their role is Less clear. Progesterone receptors are expressed inconsistently, having been reported in the bladder, trigone and vagina. Their presence may be dependent on oestrogen status. In addition, whilst androgen receptors are present in both the bladder and urethra, their role has not yet been defined.

Our use of the term or terms Vaginal Lawsuit is for descriptive purposes only. There is no relationship between the owners of this website and the maker of the product discussed in this post. Our use of the words Recall, Class Action Lawsuit and other similar words related to an event do not necessarily mean that this event has occurred. Refer to the website of the United States Food and Drug Administration for information on drug or medical device recalls. If a Class Action Lawsuit is formed in relation to the product discussed in this post we will provide that information at the time the Class Action is formed. A Class Action Lawsuit is not required to exist for you to file a lawsuit if you have been injured by the product discussed in this post.

To keep up to date on Vaginal Lawsuit visit our site often.

Vaginal Lawsuit

Asbestos Consumption Increase Leads to ADAO Call for Import Ban

The Co-Founder, President & CEO of the Asbestos Disease Awareness Organization is urging the government to take action and ban the importation of asbestos following the release of a report that documents a spike in U.S. asbestos consumption during the first half of 2011.

Linda Reinstein, who founded the ADAO after her husband became sick with mesothelioma and passed away, wrote in a statement that she was “appalled and shocked” by recent data in the 2012 United States Geological Survey Mineral Commodity Summaries that showed asbestos consumption listed at 1,100 metric tons from January through July of 2011.

The figure represented a substantial increase from the consumption figure of 820 metric tons documented over the same seven month period in the same report one year earlier. The 280 metric ton difference represents a 34 percent increase in consumption.

Reinstein continued that the figures in the report run against the information that the asbestos industry has been arguing for years; that both the importation of asbestos from other countries and the levels of asbestos exposure that the public faces have been in decline.

In the wake of the report, she called on Congress and the President to “immediately prohibit the importation of raw asbestos and asbestos-containing products from crossing our borders to protect public health.”

“Nothing can bring [my husband] or the hundreds of thousands of other victims back to life, but we can begin by aggressively preventing exposure thus eliminating deadly diseases,” she said.

If you or a loved one have been exposed to asbestos fibers and later been diagnosed with mesothelioma, there may be legal options worth pursuing. Call Sokolove Law today to learn more about possibly pursuing a mesothelioma lawsuit.

Asbestos