Bad Faith Insurance Claims

Insurance companies have been known to refuse payments on legitimate claims because their company has been directed to keep down the costs of payouts.  Bad faith insurance litigation is for people who have suffered loss due to an insurance company’s bad faith practices such as refusing to cover certain medical procedures, refusing to pay on a legitimate claim, or only paying a small amount and not living up to their obligation under your contract with them.  These instances of bad faith can sometimes constitute a policy by the insurance company of denial in order to make larger profits.

Bad Faith Litigation can include denial of payment on the following types of polices:

  • life insurance
  • disability insurance
  • property insurance
  • auto/boat/RV insurance
  • health insurance
  • business insurance

The Harris Firm will help the plaintiff work out a settlement with an insurance company to resolve a policyholder’s problems.  Many times these policies are put into place to save the company money, even after they take into consideration the costs of defending themselves against individuals that have been injured or denied benefits improperly.  A bad faith insurance attorney can force the insurance company to properly compensate you for their wrongful actions, due to the threat of litigation, particularly involving instances of serious injury or death, where the benefits are needed the most and a denial of these benefits (that you have been paying premiums on for years) can be the most difficult to deal with.

Nursing Home Abuse Statistics

There are over 2.6 million Americans living in nursing homes or other assisted living facilities in the United States. If you or a loved one either resides, or are shopping for a long-term care facility, please be aware of these alarming statistics.

  • 44 percent of nursing home residents have suffered from physical or psychological abuse.
  • 48 percent report having suffered rough physical treatment
  • 38 percent report having witnessed the abuse of other residents
  • 85 percent of nursing home staff blames shortages of staffing for the cause of abuse.
  • 81 percent of nursing home staff report having seen some form of verbal, physical, or other form of abuse in the past year.
  • 30 percent of long-term care staff witnessed physical abuse
  • 40 percent admit to having committed such acts at least once during the year prior.
  • 10 percent of nursing homes were cited for actual physical abuse.

Most nursing home facilities are understaffed and these staff shortages lead to increased instances of health problems, neglect, and abuse.   Nursing home abuse has become one of the greatest law enforcement challenges of today.

Accutane Drug Defects

Accutane is an acne medication that has been shown to cause serious health risks.  It was officially pulled off the market in June 2009 as a result of many consumers experiencing horrible side effects from the drug.  The drug continues to be accessible as a generic drug sold under the names Claravis, Sotret, and Amnesteem.  There are more than 1,000 pending Accutane lawsuits across the United States, and almost all of them include allegations that the manufacturer did not properly advise users of the potential dangerous side effects.  The drug has been linked to conditions similar to Vitamin A toxicity and part of its danger could be related to the dosage.

Some of the many health risks linked to Accutane include:

  • Irritable Bowel Syndrome (IBS)
  • Stevens-Johnson Syndrome (SJS) – a serious skin reaction which occurs as a side effect to numerous medications.  It is highly debilitating and causes the particular skin affected to burn from the inside out, produces blisters and serious rashes, and sometimes the skin can begin to separate from that part of the body which is called Toxic Epidermal Necrolysis (TEN).  This is a very serious condition and can be fatal.
  • Ulcerative Colitis – is a disease that impacts the particular inner lining regarding the colon and rectum causing them to become inflamed.  There is no cure for this disease.  Medication and/or surgery is often used to treat this disease.
  • Birth defects if taken while pregnant
  • Crohn’s Disease – this disease impacts almost all of the layers of the small and large intestinal tract.  It can also cause parts of the tract to narrow, leading to abnormal tunnels among the digestive organs and fissures within the particular anal skin.  There is no cure for this disease.  Medication and/or surgery can be used to treat this disorder.
  • Inflammatory Bowel Disease
  • Colon Removal
  • Rectal Bleeding
  • Many other gastrointestinal issues.

The FDA required the manufacturer to issue a warning label on the medication, but in most instances this was not enough.  If you took Accutane or a generic version and experienced any of these side effects then give us a call for a free consultation at (205) 201-1789.

Fosamax Lawsuits

Fosamax is the most popular osteoporosis drug on the market and recent studies uncovered a defect in the medication.  The FDA sent out a warning in October of 2010 about bisphosphonates, which is the class of drug that includes Fosamax and are used in the treatment of osteoporosis.   The drug was supposed to strengthen bones in women over 40, but strong evidence has shown that long term use of Fosamax has the opposite effect.  Some women that have taken the drug for five years or more have experienced atypical femur fractures during normal activities that have no apparent cause.   The femur bone is the one of the largest bones in the body.  A patient taking the doctor’s orders and taking Fosamax is unaware that side effects may occur such as the thighbones eventually becoming brittle and fracturing easily.  The drug actually became so popular that doctors were even prescribing it to women that had not experienced osteoporosis but were simply at risk of it.

Bisphosphonates are strongly recommended for menopausal women, but there si insufficient research about how long they should be taking it.  Although they can prevent hip fractures in these women, extended use of Fosamax in some women may actually affect their ability to regenerate new bone and develop increased risk of fractures, including unusual femur fractures.  In 2010 the Food and Drug Administration (FDA) began working with experts from the American Society of Bone and Mineral Research Subtrochanteric Femoral Fracture Task Force, to look into the serious risks associated with this drug.  As a result, the FDA recommendations about these possible risks are now available for healthcare professionals.  In 2008, the FDA pressured Merck, the manufacturer of Fosamax, about constant reports of femur fractures.  After more than a year, Merck finally added femur fractures to the list of possible side effects of the drug, but did not fully disclose to the public or healthcare professionals who prescribe the drug these important concerns.

Other dangers and side effects of the drug are:

  • Femur Fractures
  • Severe Musculoskeletal Pain
  • Atrial Fibrillation
  • Osteonecrosis of the Jaw
  • Esophageal Cancer

As more patients learn about the risks of these femur fractures and other dangers from extended use of this drug, the number of Fosamax lawsuits likely will continue to increase.

Dangers of Actos

The Food and Drug Administration (FDA) has issued a warning that Actos has been linked to bladder cancer for patients that have been using the medication for more than a year.  Actos is a drug that is used to treat Type 2 diabetes patients.  Some health concerns closely related to Actos include: heart attack, heart disease, congestive heart failure, and it has been linked to numerous cases of bladder cancer,  kidney damage, and liver damage.

The FDA has announced that it is reviewing Actos as a possible bladder cancer risk.  An investigation has reported that 22, 512 people have encountered side effects from the drug, with 22% of those having bladder cancer.  Those with cancer report they were using Actos for 2-5 years.   Actos is often prescribed as an alternative to Avandia and it was at one time believed that it was safer.  However, a 2010 study found that both drugs carry the same risk of heart problems and death.  Shortly after the findings were published by the FDA, they announced tight restrictions only on Avandia.

If you or a loved one have been injured as a result of taking this drug, then give us a call for a free consultation at (205) 201-1789.

Gadolinium Litigation

The FDA began evaluating a link between gadolinium agents and development of diseases in patients starting in 2006.  These agents are have been included in MRI contrast agents or dyes, and can be especially dangerous in patients that suffer from kidney failure or renal insufficiency.  The link between these dyes in such patients and diseases such as Nephrogenic Systemic Fibrosis ,and Nephrogenic Fibrosing Dermopathy has been under investigation.  NSF usually affects people with reduced kidney function who have been injected with the dye to enhance MRI results.  Due to decreased kidney function, these patients have problems clearing the gadolinium from their systems and the toxic metal accumulates in their skin and tissues.  This causes symptoms such as burning sensations, dark patches on skin, and pain and stiffness of joints.  NSF can leave patiens with the inability to bend their joints and this can stiffness can spread to the diaphragm and internal organs where it can, literally, strangle patients from the inside out.

In 2007 the FDA ordered manufacturers to put a black box warning on their boxes explaining the dangers associated with gadolinium agents in such dyes causing NSF or NFD and allergic reactions.   The dangers of NSF are swelling of the skin, cracking of the skin, burning sensations, skin thickening, contractures, and in few cases death especially to patients that already suffer from liver or kidney disease.

In a current case against GE, manufacturer of GBCA Omniscan, the lawyer for the Plaintiff has claimed that GE and other companies may have downplayed the serious and dangerous side effects to encourage sales, placing profit above customers’ safety since they knew or should have knew that the product was unsafe for use in patients with renal insufficiency.

Some of the companies that manufacture gadolinium based or gadolinium agents are:

  • General Electric
  • GE healthcare, Inc
  • GE Healthcare Bio-Sciences Corp.
  • Bayer Healthcare Pharmaceuticals, Inc
  • Bayer Healthcare, LLC
  • Bayer Pharmaceuticals Corp
  • Bayer Corp
  • Millinckrodt, Inc.
  • Tyco International Ltd
  • Tyco Healthcare, Ltd.
  • Tyco Holdings, Ltd.
  • Ytco Healthcare Group LP
  • Covidien Ltd.

There have been lawsuits filed in over 20 states and Alabama is one of those states.   For more information you can click here to go to the FDA’s website.

Childbirth Injuries

Birth injuries for any family are a devastating experience.  Birth injuries commonly occur when infants are deprived of oxygen that can cause brain damage or other serious injuries.  Some of these injuries that can occur due to negligence or malpractice during the child birth process are:

  • Cerebral palsy – a term that refers to a group of chronic movement or posture disorders.  Some examples of things that can indicate potential brain damage during labor are when the mother’s water broke and the doctor did not make sure that she delivered within 24 hours, umbilical strangulation, and if the baby is not getting enough oxygen either before, during or immediately after birth (this is called birth asphyxia).
  • There are several types of Cerebral Palsy: 1) Spastic cerebral palsy results from damage to the cortiospinal tracts or the motor cortex. (See cerebral anatomy for a description of these areas). This condition results in excessive muscle tone or rigidity (called hypertonicity), and is the most common form of cerebral palsy, affecting about 70% of patients.  2) Ataxic cerebral palsy is caused by damage to the cerebellum, the part of the brain that controls coordination and how “smooth” motor movement is.   It is much less common than the spastic type, affecting about 10% of patients. It causes low tone (called hypotonia) and tremors.  Fine motor skills like writing or typing are severely impaired.  Loss of balance, especially when walking, can be severe. It is unfortunately common for people with ataxic cerebral palsy to also have visual and hearing impairments. 3) Athetoid/dyskinetic cerebral palsy is characterized by writhing movements of the hands and sometimes the trunk as well. These involuntary movements make it very difficult to walk and significantly impair any task requiring fine motor skills.
  • Erb’s Palsy -  a condition caused by an injury to the nerves surrounding the shoulder that can be caused by complications during delivery.  The brachial plexus (BRAY-key-el PLEK-sis) is a network of nerves near the neck that give rise to all the nerves of the arm. These nerves provide movement and feeling to the arm, hand, and fingers. Palsy means weakness, and brachial plexus birth palsy causes arm weakness and loss of motion.  One or two of every 1,000 babies have this condition. It is often caused when an infant’s neck is stretched to the side during a difficult delivery.

When some of these injuries occur they have the potential to impact the entire family for the entire child’s life.  If you believe that you may have been a victim of negligence during the childbirth process, then you should contact an attorney as soon as possible.

Cordis Dura Star RX and Fire Star RX PRCA Balloon Catheters Recall

Cordis Dura Star RX and Fire Star RX PRCA Balloon Catheters are balloon catheters that are used in a medical procedure to open narrowed or blocked blood vessels or arteries of the heart.  They do this by opening up, like a balloon, to open these vessels and/or arteries.  This product was found to have a potential slow deflation or no deflation of the angioplasty balloon when inserted into the artery or blood vessels.  The following are potential dangers associated with this product:

  • Total blockage of the artery or blood vessels
  • Change in heart rate
  • Change in heart rhythm
  • Injury to the heart artery
  • Heart attack
  • Need for surgical procedure or death

Recall Information:

There has been a Class 1 Recall for Product: Fire Star™ RX and Dura Star™ RX PTCA Balloon Catheters manufactured by the Florida based Cordis Corporation. The concerned products were manufactured in Mexico from February, 2007 through December, 2007 and distributed worldwide from March 26, 2007 through January 8, 2008. Dura Star™ RX was distributed in the U.S. on August 29, 2007 and Fire Star™ RX was distributed in the U.S. on August 31, 2007.

Bextra Side Effects

Bextra is a  non-steroidal anti-inflammatory (NSAID) prescription drug for  arthritis, osteoporosis, and other inflammatory ailments. This medication was approved by the USFDA for the treatment of pain.  There have been many dangers and side effects of Bextra. Some of the most serious are causing  bleeding stomach ulcers.  On April 7, 2005, the FDA asked Pfizer to voluntarily withdraw Bextra, and required new labeling and warnings for all NSAIDs (non-steroidal anti-inflammatory drugs), including those sold over the counter.

Side effects of Bextra include:

-          Stomach Pain

-          Nausea

-          Indigestion

-          Upper respiratory tract infection

-          Diarrehea

-          Headache

-          Serious stomach (rarely occurring)

Class action suits against the company making Bextra are becoming increasingly popular as more and more users find out about the side effects of this drug.

Depuy Hip Implant Recall

Since 2008, the FDA has received more than 300 complaints of problems with the DePuy Hip Implants, including chromium and cobalt toxicity due to the metal on metal design of the implant causing these ions to float around in the blood.  These metal toxicity issues can be extremely dangerous.  If you have had this implant and have experienced the following complications then you should contact an attorney immediately:

  • Loose hip cuts
  • Hip dislocations
  • Bone fractures
  • Pseudotumors from metal debris
  • Allergic reactions
  • Permanent muscle and tissue damage

Hip implants have generally been expected to last up to 15 years, but many Depuy patients have reported the hip implant failing after two or three years and having to have expensive and painful second and third surgeries to have the implant replaced.  DePuy has been compensating patients following the recall, but the expenses are much higher than the expenses of hip replacement surgery. If you have received correspondence from DePuy regarding a recall, you should speak with an attorney before signing any paperwork. You may be signing a waiver which may prevent any additional compensation from the company should further medical complications occur later.

Copyright 2010 All Rights Reserved - The Harris Firm L.L.C.