$11M is Awarded to Plaintiff for Hip Implant in Bellwether Lawsuit

Robyn Christiansen was awarded $11 million as the plaintiff in the lawsuit that she had filed against Wright Medical Technology.  She had alleged that the bellweather products were defective.  This decision was made in 2015 but it was later changed in 2016.  It was decided that the punitive damages of $10 million to $1.1 million. The court did decide to let the award of $1 million for compensatory damages remain as it was earlier stated when the verdict was given.
hip_replacement_prosthesisWhen the case was decided in November of 2015 the jury had awarded an $11 million verdict against Wright Medical Technology Inc because it was found that the plaintiff dif receive a hip transplant that was defective.  This decision was also made because it was said that Wright did not represent the safety of the product accurately.  Consumers were not given accurate information in order to make informed decisions.
The court documents had broken down the verdict into $1 million in compensatory damages and $10 million in punitive damages. Robyn, the plaintiff, was only one of about 2,000 individuals that had filed a lawsuit for the same reasons.  She filed her suit in 2013.  This was 7 years after she had received her implant.  She had her surgery in 2006.  She had made this decision after information that she was given about the metal on metal designs and the designs that have lining made of polyethylene.
Swelling2The plaintiff stated that she started to have severe pain in her hip in 2012 while she was exercising. She then went through surgery to correct the problem and that is when the doctor found that the soft tissue around her implant was damaged by metal debris from the hip replacement.  This is a serious problem that will only create more medical bills, recovery time and possibly even lost wages.
hand with titanium alloy hip“A former ski instructor for over 47 years, Ms. Christiansen is now limited in her ability to enjoy the things she has always loved to do, such as water-skiing and hiking,” according to the plaintiff’s counsel.  It is a shame that Ms. Christiansen believed she was going to be getting better when she had this surgery only to find out that she needed to have this corrected later.  No one thinks that the surgery they have to get better is going to make them worse.

There are times when it is because the staff is negligent but there are times when the resources are not doing what they are supposed to do.  No matter what the reason may be, it can be very difficult to determine what is best for an individual and their family.  Working with an experienced attorney may be the best decision you ever make.  I hate to think about someone suffering because of the trust that they have placed in medical professionals.”





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Car and Motorcycle Fatally Collide on South Carolina’s I-95

Thursday was a tragic day on Interstate 95 after a tractor trailer and a Kawasaki motorcycle collided. The bike, driven by 20-year-old Joshua Wilson Pinilla, hit the back of a car. He was then thrown from his motorcycle and the tractor trailer ran over him.

At approximately 5:00pm close to the Sheridan Street exist, Pinilla was pronounced dead. The driver of the truck and the car were not injured in the accident.

As a result of the crash, there was a significant traffic jam, as three lanes were closed for cleanup and investigation. Investigators talked to witnesses and surveyed the wreckage before clearing the scene.

Pinilla is described as both a motorcycle and a car enthusiast. He was on his 2009 Kawasaki motorcycle going south on the highway. He rear-ended Doracy DeMagalhaes-Burns’ 2008 Chrysler.

After his bike hit the back of the Chrysler, he was catapulted into the air and the truck Gregory Barrington Henry was driving, a 2001 Freightliner Truck, hit Pinilla.

The media reached out to the parents and other family members of Pinilla after the accident. They did not respond and appear to understandably want their privacy at this time.

However, George Pinilla, the victim’s father, wrote about his son on his son’s Facebook page to express his sadness over this tragedy. He wrote, “Rest in peace my son. I love you so much, I wish God would have taken me instead. You have no idea how much I love you. I miss you and I would give my life for you.”

Pinilla went to Weston’s Cypress Bay High School. He was a frequent part of the local motorcycle community and belonged to several online groups for this purpose. He was a member of a group that works to promote motorcycle safety and raise awareness about motorcycle accidents in South Florida, known as Rider Down.

Pinilla shared his last photo on his Facebook page on February 9, 2016. The photo was of his black Kawasaki motorcycle and the caption that does with the photo read, “Because new exhaust…”

“When loved ones get a call that there has been an accident, their first and only thought is how the victim is doing. Issues of liability are the furthest thing from their mind,” says Joe and Martin, attorney and managing partner at a top South Carolina personal injury firm. “This is where I come in. I want the victim and their family to focus on what is most important and I am there to help them deal with the legal aspects of the situation.”

Authorities are still investigating this case to determine the cause of this fatal accident. At this time, the family of Pinilla are maintaining their privacy and mourning their loved one in private. Police department is willing to accept all the information and the help they can get from eye witness and they hope this will be resolve soon. It is unknown how long it will take to complete the investigation to bring this tragic accident to a conclusion.

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$30 Million Jury Award to Be Used to Pay Daughter’s Medical Bills and to Provide for her Future

In Massachusetts, it has been determined that a little girl born to Luis Gallego and Jeanette Gutierrez suffered a severe brain injury as a result of her doctor’s negligence during her birth. When the parent’s first filed their claim, they named six of the doctors who attended to their daughter. The court ruled that five of the doctors did nothing to contribute to the child’s medical condition. The sixth doctor, Dr. David Seubert, was another story.

When Jeanette Gutierrez was 28 weeks pregnant, she was admitted to Baystate Medical Center because her baby showed significantly reduced movement. The second day of Gutierrez’s stay, her unborn daughter’s heart rate decreased.

The girl, now 11 years old, was born at Baystate Medical Center, which was not a defendant in the case. Her mother arrived at the hospital on September 5, 2004, at 28 weeks pregnant, because the baby’s movements had decreased. Seubert was supposed to be the doctor on call at the time, but he was not at the hospital. Had he been at the hospital, the c-section Gutierrez required could have started immediately. Instead it was delayed several hours during which time her heart rate continued to decrease. By the time she was finally delivered, she was unresponsive and the attending medical staff had to resuscitate her. It’s believed her brain injury is a result of the lack of oxygen rich blood.

The child lived, but she’ll never be able to enjoy a normal life. Not only is she legally blind, but she lacks the motor skills needed to walk, talk, and to feed herself. She can only breath as a result of a tracheotomy and she must be fed via a gastric tube.

Her parents care for her with the help of an in home nursing service.

When the trail hearing concluded, the family was awarded a $30 million. $1.04 million was set aside to help cover the cost of past medical bills, $16.1 million has been set aside to cover the cost of future medical bills. The rest of the money is for physical and mental pain, and to cover the daughters lost earning capacity.

As sad as this story is, it’s not an uncommon one. Statistics indicate that during every hour, an average of 3 newborns suffer a birth injury. Some of these injuries are major, such as the one sustained by Luis Gallego and Jeanette Gutierrez’s daughter, while other’s are minor and don’t impact the child’s future. Many can be avoided.

If you have a child who suffered an injury during labor, you need to contact a birth injury lawyer and discuss the details of the case, or visit this site JohnBales.com. Based on the information you provide, your birth injury lawyer will determine if there’s enough evidence to suggest medical malpractice. If there is, they’ll guide you through the steps needed to make a civil case.

Not only does pursuing a medical malpractice case following a birth injury help you settle your child’s future and pay medical expenses, but it also reminds the medical community that they always have to be diligent while they are caring for patients.





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Don’t Miss the Cutoff: Understanding the Statute of Limitations

Many people know there’s a statute of limitations for criminal cases. Whether they’ve heard it mentioned on a prime time law procedural or read about it in regards to the numerous Bill Cosby sexual assault articles, the statute of limitations is often a bone of contention or a needle in the side of a litigate prosecutor. It may come as a surprise, however, that civil law also has its own statute of limitations. Not only do criminal and civil law have their own statute of limitations, but both criminal and civil law statute of limitations can vary from state to state. This is why it is always important to report a crime or speak with a New York personal injury attorney as soon as possible.

For the purposes of this article, we’ll be using the New York statute of limitations  as an example. Let’s start off with a simple Personal Injury issue – assault. Now, assault is one of those infractions that can be tried in both criminal and civil court, however the statute of limitations varies widely. Someone can be charged with criminal assault up to six years from the date of the alleged assault. On the other hand, a civil case must be filed within one year of an assault. That means someone could be tried under personal injury law for an assault before they ever face criminal charges.

Similarly, while manslaughter cases can be charged up to five years after an incident and murder has no time limitation, a wrongful death suit must be filed within two years of the death. False imprisonment charges must be filed within one year of the incident, while kidnapping charges must be brought within five in some cases. While civil cases may end up in court before a criminal court, it is also possible that a defendant be found liable for an assault, for example, but acquitted of criminal charges because of the difference between the burden of proof in criminal and civil court cases.

One of the most famous cases where an individual was acquitted of criminal charges but found responsible for the wrongful death of two people is the O.J. Simpson case. Nicknamed the “Trial of the Century,” Simpson’s case involved television cameras, a tight glove, a possibly racist cop, a white bronco, and a freeloading house guest. The public was enthralled with the coverage and sensationalism. Many were surprised when the jury came back with a not guilty verdict for the former football player. A civil suit, however, ended with a finding for the plaintiffs, the families of Nicole Brown Simpson, Simpson’s former wife, and Ronald Goldman.

Most personal injury cases have a time limit of three years from the accident. Because of the tight restrictions for bringing a case to trial, it is extremely important to see a New York personal injury lawyer as soon as possible after an accident. A trustworthy New York personal injury attorney will most likely offer a free consultation to help you determine whether to move forward with your case and help you understand how the judicial system works.

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Motorcycle Accidents

A 55-year-old man suffered serious personal injuries in Orlando Florida after a Motorcycle crash Monday morning. According the Florida Highway Patrol, the unnamed man was heading northbound around 6:45 a.m. when the accident happened. The victim was approaching the intersection when a Toyota Tacoma, driven by a 53-year-old man made a left turn into the motorcycle’s path. The front of the Harley-Davidson struck the front of the Tacoma.

According to the CDC “Motorcycle crash-related hospitalizations rose more than 40%. The costs of treating head injuries from motorcycle crashes more than doubled to $44 million.”  Motorcycle accidents can often result in life altering injuries to the rider. Even if you protect yourself with appropriate clothing and a helmet, the injuries you suffer after a motorcycle accident could permanently impact your life. Orlando Personal Injury John Bales Attorneys can help you recover compensation for:

  • Medical bills – to treat your current injuries and if your injuries are serious enough, you may also be subject to a lifetime of future medical bills.
  • Loss of income – your motorcycle accident may affect your ability to work or because of constant medical care.
  • Loss of future earning– the injuries you suffer in a motorcycle accident may also limit your ability to continue employment in your current line of work and therefore limit your ability to make a living in the future.
  • Pain and suffering – your injuries may have caused you serious pain and suffering.
  • Loss of consortium –If your injuries are serious enough, your family may be entitled to financial compensation.
  • Property damage – damages caused to your vehicle due to the accident.
  • Punitive damages – damages designed to punish reckless drivers. These are awarded in extreme cases of reckless conduct by the at-fault party.

Motorcyclists have very little protection between themselves, the road, or other vehicles, even accidents at low speeds can result in serious injuries or even fatalities. Even relatively small accidents can incur expensive medical treatments, future medical expenses during recovery, lost income, and the possibility of lost earning capacity as well.

If you or a loved one has been injured in a motorcycle accident, it is important to protect your legal rights. An Orlando personal injury attorney can help you with your claim and help you decide the next steps to take. What you do following a Motor Vehicle Accident can help to establish the best foundation for your personal injury claim:

  • Remain at the scene of the accident
  • Call 911 or have a witness call for you
  • Give a statement of your accident to the police officers who arrive on scene to ensure that a formal report is filed
  • Seek medical attention. This is very important. Even if you don’t think you have sustained an injury – some injuries may not manifest until some hours or even days following the accident
  • Make sure to obtain the other drivers information involved in the accident, including names, phone numbers, addresses, driver’s’ license numbers, license plate numbers, and insurance information.
  • If there are witnesses to the accident, it is important to obtain their names and phone numbers so that your attorney may contact them during the accident investigation
  • Be sure to contact your insurance company to report your accident

If you were in a motorcycle accident and suffered a personal injury, Parent LLP Attorneys can assist you with filing a claim against the negligent driver. It is important to seek legal counsel immediately. johnbales.com has an established reputation in Connecticut and will help ensure that your legal rights are protected. They can help you recover fair compensation for lost wages, medical costs due to related injury, long-term diminished quality of life compensation.


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