Atlanta Injury Lawyers Blog

Three Boys Die after Wisdom Teeth are Pulled

Mon, 30 Apr 2012 20:04:38 -0500

CBS Atlanta News is following an exclusive investigation into the deaths of three boys from Georgia who lost their lives following routine dental procedures. The boys, ages 14 to 21, all died within a month of each other. Each boy had his wisdom teeth extracted 16 to 72 hours before dying.

The families of the boys are speaking out for the first time in an effort to warn other parents of the dangers associated with such dental procedures. The parents of the victims claim that they were not forewarned of the possible dangers associated with nitrous oxide.

Nitrous oxide remains a routine part of dental surgeries in spite of mounting proof of its dangerous side effects. Researchers have found that patients who were given nitrous oxide as part of their anesthetic were more likely to experience wound infections.

One boy's death was ruled natural, but the coroner was unable to establish what caused his death. Another boy's death was ruled as a bad reaction to penicillin. But dental experts say that infections are one of the principal causes of dental deaths.

The human mouth has more bacteria than any other part of the body, and that bacteria can become deadly if it gets into the blood stream. Patients can develop a post-operative infection that can lead to death. The brain swells and then brain damage can set in or brain death can result.

Reactions to anesthesia and inhalation of blood into the lungs, which can cause suffocation, and bad reactions to prescribed drugs are all possible causes of death following dental procedures warn experts.

The $200,000 Dog Bite

Sun, 22 Apr 2012 20:06:47 -0500

A $200,000 lawsuit has been filed against film producer Stuart Parr and his actress wife because their black Labrador Retriever has allegedly bit a woman on the left hand at a hotel in Aspen, Colorado. As a litigation attorney in Atlanta, I've seen firsthand the physical pain and emotional anguish dog bites can cause.

The incident took place while the defendants were vacationing with their daughter and their Labrador Retriever at the Little Nell Hotel. The victim of the dog bite asserts that the dog "lunged" at her, clamping down on her left hand as she was walking the hotel grounds.

The defendants' daughter pulled the dog away and told the victim that the dog was a "bad dog" after the bite happened. The injuries suffered by the claimant required several surgeries and caused a staph infection.

Staph infections are caused by a germ called staphylococcus bacteria, which is commonly found on the skin and nose of healthy individuals. These bacteria seldom cause problems or cause minor skin infections. But staph infections can be deadly if the bacterium enters the bloodstream, joints, bones, heart, or lungs.

Dogs bite around 4 1/2 million people annually. And 1 in 5 of those unfortunate enough to be bitten require medical attention. Furthermore, over 30,000 people have to undergo reconstructive surgery as a result.

Cavities: A Growing Epidemic amongst Preschoolers

Thu, 12 Apr 2012 13:30:17 -0500

A two and a half year old in Seattle had two incisors extracted, root canal surgery on a molar, and fillings and crowns on eleven of his twenty baby teeth due to cavities.

The Center for Disease Control and Prevention has noticed an increase in cavities among preschoolers. And dentists in Atlanta are seeing more and more preschoolers with six to ten cavities or more. Given such levels of decay, dentists are often opting to use anesthesia because children are not capable of sitting through such prolonged procedures.

These dental problems are preventable. But many parents say that they were not told when they should take their children to the dentist or when their children should start using fluoride toothpaste. Endless snacking and juice or other sugary drinks at bedtime seems to one of the causes of this problem. Bottled water is also a major contributor since it does not have fluoride in it like tap water.

A person's socioeconomic status is only part of the problem. In fact, most dentists attribute this problem to negligent parenting across all social levels. Parents should have their children seen by a dentist by the age of one so that potential cavity risks can be assessed. Dentists also advise less snacking and only four ounces of juice per day. Brushing after eating and sweets and xylitol lollipops is also highly recommended.

Many studies have shown that children who undergo general anesthesia to treat dental decay end up with cavities again. In one case, a three year old entered the operating room for his second round of dental work holding a bottle of Coca-Cola.

Eight is Enough for Dental Malpractice Claim

Fri, 06 Apr 2012 22:13:43 -0500

A Maryland man has filed a dental malpractice suit against his former dentist over eight teeth that were extracted by mistake. The lawsuit is seeking $250,000 in damages as the defendant was also unable to properly fit the claimant with dentures.

According to the dental malpractice complaint on file with the court, Mr. Al - Amin, saw Dr. White to have one of his teeth pulled and root canal surgery. After pulling the teeth and performing root canal surgery, the plainitff alleges that Dr. White couldn't properly fit the claimant with dentures.

According to the suit, for two years Mr. Al - Amin "just gummed it" until two other dentists were able to fit him with dentures. Mr. Al - Amin also had another dentist examine the extracted teeth and it was determined that they were healthy despite a little plaque.

Potential Mechanical Heart Valve Problems

Sun, 04 Mar 2012 15:41:36 -0500

Back in January of 2000, the manufacturer St. Jude voluntarily recalled its Silzone mechanical heart valves. St. Jude did not think it necessary for patients to undergo surgery to replace the valves. There were 36,000 Silzone valves implanted through out the world, with hundreds implanted into patients in the Atlanta Metropolitan area.

Mechanically, the St. Jude valves were seemingly all right. Therefore, the problem was not with the functioning ability of the valve but the problem was with the coating on areas of the valve. Silver was used in the making of the Silzone so to lessen the chance of infection. However, the silver reportedly leaked, which could have caused heart failure.

Additionally, in a trial called the Artificial Valve Endocarditis Reduction Trial (AVERT) an increased risk of stroke was reported. Though the chance of stroke is relatively low, the study did find a higher incidence of paravalvular leakage in patients with the valve implant.

A study was conducted on patients with the St. Jude Silzone valve in 2003 and was published in the journal Heart. The study tried to determine adverse effects the valves have had on patients. Researchers found that patients with the Silzone mitral valve didn’t have too much paravalvular leakage, but the study did find that the patients have a higher rate of early postoperative embolism.

A lawsuit was filed against St. Jude over the Silzone heart valve. And a settlement was reached between the members of the class action suit and St. Jude in 2009. Patients who had the implant and experienced problems and patients who had the implant and did not experience problems received awards.

Label Changes for Cholesterol Drugs

Sun, 04 Mar 2012 15:39:28 -0500

The FDA has announced that safety changes are going to be made on the labels of some of the most popular cholesterol drugs known as statins. The changes are primarily intended to warn patients of the increased risk for type 2 diabetes mellitus. Hyperglycemia, an increase in blood sugar levels, has been reported with the use of statins.

It is also necessary for this class of cholesterol lowering drugs to carry warnings concerning the possibility for short-term memory and cognitive problems. Certain brain-related problems has been linked to statin use. Therefore, statin labels will now have information about patients having episodes of confusion and memory loss.

These changes that will effect Atlanta residents include: Lipitor (atorvastatin), Lescol (fluvastatin), Mevacor (lovastatin), Altoprev (lovastatin extended-release), Livalo (pitavastatin), Pravachol (pravastatin), Crestor (rosuvastatin), and Zocor (simvastatin). And combination drugs include: Avicor (lovastatin/niacin extended release), Simcor (simvastatin/niacin extended release), and Vytorin (simvastatin/ezetimibe).

Deceptive Advertising Claim Filed Against Sketchers

Sun, 04 Mar 2012 15:37:18 -0500

A lawsuit has been filed on behalf of consumers claiming that deceptive advertising influenced their decision to by “Shape-Ups” by Sketchers. The lawsuit is seeking monetary damages for consumers who paid a “premium price” for Sketchers “Shape-Ups” based on ads on television, the Internet, and print. The ads, which had appeared in the Atlanta area, publicized the health benefits of the shoes.

However, the lawsuit contends that the shoes do not have any additional health benefits. But they cause a serious risk of injury because of their distinct bottom sole, the complaint added. The lawsuit also seeks to prevent Sketchers from continuing its “deceptive and unlawful advertising”.

Federal Trade Commission is also investigating Sketchers’ toning shoes. In September, Reebok and the FTC came to a $25 million settlement for making similar claims about its own type of toning shoes. It is estimated that Sketchers could be fined as much as $75 million. The lawsuit claims that Sketchers advertised that “Shape-Ups” offers benefits “without setting foot in a gym”.

The lawsuit alleges that Sketchers doesn’t have any legitimate evidence that their toning shoes are more beneficial than other athletic shoes. However, the lawsuit claims that the bottom sole creates unsteadiness and alters the way of walking and running. Thus they can cause serious injuries and cause injuries resulting from falls. Other injuries associated with the shoes are tendinitis and foot, leg, and hip pain. There have been some instances of broken bones also reported.

Pain Pumps Cause of Pain

Sun, 04 Mar 2012 15:35:08 -0500

For many residence of the Atlanta metropolitan area who are experiencing shoulder pain, pain pumps can offer a feeling of comfort. However, the apparatus can also cause serious and permanent injury. According to the American Academy of Orthopedic Surgeons, the use of pain pumps might be linked to Postarthroscopic glenohumeral chondrolysis (PAGCL).

In the Auburn Citizen, Dr. Dale Buchberger, noted how amazing the shoulder is due large impart to its complexity. According to Dr. Buchberger, the shoulder needs to be stiff enough to stay together and loose enough to work correctly. And he also noted that this equilibrium poses trouble not only for people who are involved in “shoulder dominant” sports, but also the public as a whole.

Various injuries can intensify the usual pain an older person may experience. For example, a dislocation can occur when someone falls while his/her arm is extended. Dislocation means that the ball has come out of its socket. This kind of injury creates a larger risk to the elderly population as the bone or cartilage can fracture or tear.

Studies and an FDA alert have recognized pain pumps as the probable cause of joint pain and serious cartilage damage. PAGCL is an overwhelming condition that causes intense pain and the need for continuous medication. Damage caused by pain pumps involves multiple surgeries, as well as shoulder replacement surgery.

The FDA never approved anesthetic pain pumps for use in the shoulder. And the FDA now calls for pump manufacturers to caution doctors and patients about the possibility for serious joint impairment as a result of using pain pumps.

More Lawsuits Against Merck Over Fosamax

Sun, 04 Mar 2012 15:31:58 -0500

More lawsuits have been filed against Fosamax despite Merck, the pharmaceutical company that manufactures Fosamax, having won several victories in previous lawsuits. Earlier lawsuits and the current ones all allege side effects such as dead jaw and femur fractures.

The latest lawsuit has been filed on behalf of women who claim that Merck overstated the advantages of taking Fosamax. Both women began taking Fosamax believing that it would strengthen their bones and prevent bone fractures, however, they claim that Fosamax increased their chance of injury by causing their bones to deteriorate.

At present, the courts are hearing Fosamax bellwether trials. So far, five trials have concluded with Fosamax winning four and plaintiffs winning one. $8 million was awarded to the plaintiff who won but another judge who considered the award too much later reduced it.

The Wall Street Journal reported that over 1,000 lawsuits have been filed against Merck because of Fosamax. Most of those lawsuits allege that the drug caused osteonecrosis of the jaw. And more lawsuits continue to be filed claiming that there is an increased risk of femur fractures associated with Fosamax use.

Atlanta Mothers Beware: Depakote Linked to Low I.Q. Scores in Children

Sun, 04 Mar 2012 15:30:19 -0500

The New Journal of Medicine has learned that children whose mother's took Depakote before birth had notably lower I.Q. scores than children whose mother's took other types of anti-seizure medication during pregnancy. New York Times also reported that three year old children who were exposed to valproate, the generic form of Depakote, while in the womb had I.Q. scores that were nine points lesser than three year olds who were exposed to lamotrigine.

For most infants, I.Q. scores were related to their mothers’ I.Q. scores but not when it came to the children who were exposed to vaproate. Thus the researchers concluded, “In utero exposure to valproate was associated with poorer congnitive outcomes than was exposure to other commonly used antiepileptic drugs.” What's more, the result of valproate on the children’s I.Q. depended on the amount taken. These findings are similar to the findings of researchers in the United Kingdom.

Researchers have also found that Depakote use has shown an increase in congenital malformations in comparison with other antiepileptic medications. Another study found that the use of valproic acid by pregnant women in their first trimesters is linked with spina bifida. Other birth defects associated with valproic acid were atrial spetal, cleft palate, and craniosynostosis.

Continuing Problems with Accutane

Sun, 04 Mar 2012 15:28:55 -0500

Accutane is a medication that is used to treat acute acne. It was first marketed in Atlanta in 1982. Since then, over 16 million patients throughout the world have used Accutane. However, Accutane was withdrawn from the US in 2009, but the drug is still available in foreign countries and in the US in generic forms.

Accutane has been linked to several serious side effects such as birth defects and suicide. It has recently been linked to inflammatory bowel disease and Crohn’s disease. Abdominal discomfort, bloody stool, loss of appetite, severe diarrhea, ulcers, and weight loss are all symptoms of Crohn’s disease.

Unfortunately, there is no cure for Crohn’s disease and treatment varies from person to person. Therefore, instead of trying to cure the patient of the disease, doctors try to relieve its symptoms. Common treatment for Crohn’s disease includes anti-inflammatory medication, special diet, and surgery to remove damaged intestinal tissue.

Numerous patients who have filed lawsuits against the manufacturers of accutane have experienced permanent and debilitating symptoms. Some have to control their symptoms with medication while others have had to have surgery to remove parts of their bowels. Individuals suffering form inflammatory bowel disease have already begun to win compensation such as a Florida man who won a $7 million verdict.

Bextra Linked to Steven-Johnson Syndrome

Fri, 02 Mar 2012 23:23:43 -0500

Bextra’s connection to side effects like Stevens-Johnson Syndrome continues to present a problem for hundreds of patients in the Atlanta area and thousands throughout the country who were prescribed and used the medication.

The FDA requested Pfizer to remove Bextra from the US market in April 2005. The request was made in light of the fact that the risks of Bextra usage to patients far outweighed the medications possible benefit.

Though the FDA stressed the risk of harmful cardiovascular events, which are commonly associated with non-steroidal anti-inflammatory drugs (NSAIDs), the FDA recognized that Bextra use showed a greater chance of experiencing serious skin reactions such as Steven-Johnson Syndrome.

Blisters, rashes, skin shedding, sore throat, swelling of the face and tongue is all symptoms of Stevens-Johnson syndrome. Unfortunately, these reactions aren’t predictable and can occur in patients who do not have a history of sulfa allergy, regardless of short-term or long-term usage.

Cancer Linked to Cell Phone Usage

Fri, 02 Mar 2012 23:07:03 -0500

Acoustic neuromas is a type of cancer that researches have found to be five times more likely to develop in children and young teenagers who use cell phones. Researchers of this study also found that people who didn’t use cell phones until they were in their twenties were only twice as likely to develop the cancer. Acoustic neuromas can cause deafness.

It is believed by researchers of the study that children 12 years old and younger should only use cell phones in the event of an emergency and that hands-free phones or headsets are best used by teens. Incidentally, the National Agency for Research on Cancer has categorized cell phones as a category 2B. Other carcinogenic compounds classified, as category 2B is gas engine exhaust and the pesticide DDT.

Most experts claim that it is not possible to presuppose the long-term health risks associated with cell phone use because it can take decades for cancer to develop. And studies haven’t followed people for more than one decade. The information from the study will be sent to the World Health Organization to be reviewed and for potential guidelines on cell phone use to be implemented.

Faulty Respirators Continue to be Found

Fri, 02 Mar 2012 23:02:09 -0500

Faulty respirators that can result in the user developing illnesses like asbestos mesothelioma and asbestosis continue to be found in the Atlanta area. These respirators are supposed to protect the wearer by getting rid of contaminants in the air. But even with industry policies prepared and employed by the National Institute for Occupational Safety and Health and Center for Disease Control design flaws continue to be found.

Faulty respirators are worse than not wearing a respirator at all because it gives workers a falls sense of security that they are safe from asbestos so the wearer is more likely to put him or herself into more dangerous situations.

It is estimated that over 84,000 lawsuits have been filed against 3M due to faulty respirators failing to filter out asbestos and other toxins. And American Optical has had 140,000 claims filed against it where claimants have alleged that their respirators were responsible for asbestos-related diseases in wearers.

Asbestos is used as a fire retardant in insulation. It is also used in roofing and various materials that are used in contruction. Workers in mines, power plants, shipyards, railroads, and construction sites are most likely to come into contact with asbestos.

The Ill Effects of Bone-Building Medications

Fri, 02 Mar 2012 22:56:42 -0500

The New York Times recently reported that a FDA committee has advised improving bone-building drug labels. The brands that will be affected are Actonel, Atelvia, Boniva, and Fosamax. Tens of thousands of women in Atlanta take such medications.

The advisory committee's recommendation follows studies that suggest there is no noteworthy benefit of continuing such therapy past five years. Though the benefits of taking bone-building drugs for three to five years have been proven, such drugs have not been proven for long-term use.

The advisory committee assembled due to concerns that many women have suffered atypical thigh fractures or jaw disease after taking the medications long-term. However, none of the members of the committee advised imposing strict limits on long-term use. Neither did the committee recommend a black box warning even with petitions from former patients present.

A district judge determined that a plaintiff could continue her claim that the bone drug caused her jaw tissue to die. However, he advised her that no jury would settle in her favor over allegations that the drug maker didn’t adequately caution patients about the risks involved.