SEPTEMBER 2015 – Last week, NBC Nightly News aired a 2-part investigation about the risks involved with IVC filter surgery. The news segment took a closer look at the C.R. Bard company’s IVC filters, which have been linked to more than 25 deaths nationwide. Over the past ten years, more than 300 injuries from IVC filter surgery have been reported. The IVC filter is designed to prevent blood clots from entering the heart or lungs when implanted in the largest vein in the body, called the inferior vena cava. This dangerous device is known to fall apart inside the victim’s body, where sharp metal pieces of the filter pierce major organs, resulting in severe injury, emergency surgeries, and death. The failure rate of the IVC filter is excessively high.
 
The NBC investigation implied that one IVC filter manufacturer, C.R. Bard, scrambled to hire PR representatives and medical consultants to shift the focus away from the safety of the IVC filter in favor of the company’s profits. NBC also suggested that the FDA approval of the IVC filter was questionable, as it took Bard multiple attempts to certify the device with the FDA. One story raises questions about the validity of the signature on the FDA application. The Regulatory Specialist who was contracted with Bard in 2002 was not provided with adequate information regarding safety performance testing prior to her signature being placed on the FDA form. The NBC report strongly urged patients to seek immediate medical assistance with IVC filters that were implanted to prevent blood clots. It is almost guaranteed that existing IVC filters implanted during the past decade will eventually fail.
 
Legal Commentary
Fears Nachawati represents families who are victims of the dangerous and life threatening effects following IVC filter surgery. If you or a loved one experienced any issues because of an implanted or removed IVC filter, we encourage you to consult with one of our IVC Filter attorneys as soon as possible. A successful civil claim against the responsible party will ensure relief from the burden of costly medical expenses. We will also pursue compensation for the pain, suffering, and lost wages for time missed from work as a result of IVC filter complications. Further questions can be directed to the Fears | Nachawati Law Firm by emailing Majed Nachawati at mn@fnlawfirm.com, or by calling our office at +1.888.352.4850.
 
About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer who represents patients and surviving family members of fatal IVC filter procedures nationwide. Mr. Nachawati has successfully resolved numerous cases, with proven results in seven and eight figure confidential settlements. He serves with prominent legal organizations, such as the Grievance Committee for the State Bar of Texas, the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum, and The Million Dollar Advocates Forum. 
 
Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas, as well as most federal courts in the nation. He also holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Texas Monthly Magazine has recognized Mr. Nachawati as a Super Lawyer for six consecutive years for his legal excellence in connection with pharmaceutical injury cases. Contact Mr. Nachawati through his website at http://cases.fnlawfirm.com/ivcfilter, by email at mn@fnlawfirm.com or by calling +1.888.352.4850

Pictured above: Rashmi Patel, the Connecticut dentist being charged 

Last Thursday, on February 19, a Connecticut dentist was charged in the death of a patient he was treating. Rashmi Patel was extracting 20 teeth and implanting several implants on a patient when they became unresponsive. According to police, Patel is being charged with criminally negligent homicide and tampering with evidence.

Unfortunately, this is not the first time a patient has died at the hands of this dentist. A year ago, Judith Gan, another patient under going a similar tooth extraction and implant procedure, died under Patel’s care. According to state dental regulators, Patel did not adequately respond to Gan when she was in distress. He also ignored warnings from his dental assistants. A Dental Commission hearing also claimed that Patel should not have tried to perform so many procedures on Gan at one time, especially given that she had had a heart attack within six months of the dental procedure.

In one other instance in 2013, Patel failed to protect a patient after he swallowed a piece of gauze while under continued sedation. Fortunately, the patient survived after being rushed to a hospital.

 

Legal Commentary
A seemingly routine dental procedure should not end in death if a dentist is taking the proper precautions and care. Medical providers have a duty to provide exceptional care given that their patients are placing their health and lives in the hands of professionals. When medical malpractice occurs, it may be difficult to determine where exactly a provider failed to provide adequate care but with the proper legal counsel, you may have a civil case worth persuing. Fears | Nachawati attorneys routinely handle life-changing medical malpractice cases on a nationwide basis and have obtained unparalleled results for its clients.
If you or a loved one has been harmed by the care of a medical professional, then you need the services of an experienced medical malpractice attorney with the resources to take the case to trial. We encourage you to call us or contact us online today to receive a free confidential consultation.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by mn@fnlawfirm.com or by calling 1.866.705.7584.

 

 

Have you ever driven by a dilapidated hospital? Or been to an emergency room that you felt was not being run properly or in bad condition? Well those facilities don’t get better, they usually get worse causing neglect to patients care that in some cases has resulted in death. In some small towns this is the only care that some people can get. Even though facilities like this are reported it can take regulators more than 4 years to do something about it.

Evidence such as operating with expired licenses or no license at all, inadequate staffing, fraudulent billing, lack of supervision, hiring doctors known for being bad, failure to pay taxes, and obvious negligence resulting in death were just some of the problems associated with the rural Texas hospitals; like Renaissance Hospital in Terrell and Lake Whitney Medical Center Both medical facilities are owned and operated by the same person. One would think that facilities like these would be prospects for improvement, but they were intentionally run into the ground and billed millions in fraudulent claims to insurance companies and the government.

 

Legal Commentary

Despite these hurdles, the attorneys at Fears | Nachawati represent a collection of the few attorneys in Texas who continue to fight for the victims of medical malpractice, choosing to do so not because it is easy but because it is right and necessary. If you believe you or a loved one has been a victim of medical malpractice, please do not hesitate to contact our team of talented attorneys at 866-705-7584 or send an email to mn@fnlawfirm.com.

About the Author                                 

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by mn@fnlawfirm.com or by calling 1.866.705.7584.

 

Surgical mesh is a medical device that is used to provide additional support when repairing weakened or damaged tissue. Thousands of women have reported serious transvaginal mesh side effects such as: erosion of the mesh through the vaginal wall, infection and bleeding, vaginal shortening and tightening, bowel, bladder, and blood vessel perforation, pain and discomfort during sex (dyspareunia), and painful urination.

“The FDA has identified clear risks associated with surgical mesh for the transvaginal repair of pelvic organ prolapse and is now proposing to address those risks for more safe and effective products,” said William Maisel, M.D., M.P.H., deputy director of science and chief scientist at the FDA’s Center for Devices and Radiological Health. The U.S. Food and Drug Administration has issued two proposed orders to address the health risks associated with surgical mesh used for transvaginal repair of pelvic organ prolapse (POP). If finalized, the orders would reclassify surgical mesh for transvaginal POP from a moderate-risk device (class II) to a high-risk device (class III) and require manufacturers to submit a premarket approval (PMA) application for the agency to evaluate safety and effectiveness.

Legal Commentary 

From a civil standpoint, our firm has represented numerous individuals and families who have become victim to a transvaginal mesh’s dangerous side effects and the following psychological trauma. If you or a loved one has experienced any of these side effects you should contact one of our attorneys as soon as possible. A successful civil claim pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and will hopefully compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead MESH lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing Risperdal victims and families harmed by dangerous treatments on a nationwide basis. Mr. Nachawati has resolved numerous cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.​

 

 

 Children diagnosed with attention-deficit/hyperactivity disorder (ADHD) and other disruptive behavior disorders, who are publicly insured by Medicaid, were typically prescribed Risperdal more often than those not in a lower income socio-economic group. Even though Risperdal was not approved by the United States Food and Drug Administration (FDA) for ADHD, it was prescribed for an average of 180 days to youth between the ages of two and seventeen who were on Medicaid. This group of adolescents was much greater than those not on a public insurance plan. In addition, a large group of these youth were at some point in foster care and due to their socio-economical status were provided Medicaid.

As a result, many of the boys prescribed Risperdal have developed breasts and in some cases required surgery to have the breasts removed.

Legal Commentary 

From a civil standpoint, our firm has represented numerous individuals and families who have become victim to Risperdal’s dangerous side effects and the following psychological trauma. If you or a loved one have taken Risperdal and have experienced abnormal breast growth or milk production we encourage you to consult with one of our Risperdal attorneys as soon as possible. A successful civil claim pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and will hopefully compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead Risperdal lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing Risperdal victims and families harmed by dangerous treatments on a nationwide basis. Mr. Nachawati has resolved numerous cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.​

Roughly ten years ago, a series of specific laws were passed in Texas which drastically changed medical malpractice litigation. While the affects of “damage caps” on the recovery of non-economic damages have been frequently cited as the exclusive drive behind this change, the explanation is much more complex.

In addition to caps supposedly designed to eliminate allegedly “frivolous” claims, the medical community’s lobbyists successfully implemented a number of other laws unique to the medical field and unique in their application to related personal injury lawsuits. Consequently, health care professionals now have a protective shield that provides virtual immunity for their bad acts in Texas.

As one example, medical malpractice plaintiffs and their attorneys are now required to show that a medical professional has breached his or her standard of care before having the opportunity to collect critical evidence – as is allowed in every other type of personal injury lawsuits. Consequently, medical malpractice plaintiffs and/or attorneys typically must retain highly specialized experts to prove that there was a breach of standard before the facts can truly be known. Worse, an expert report must be presented to a court almost immediately following the commencement of a medical malpractice lawsuit and if this report is deemed insufficient a court may impose hefty sanctions, which may preclude the continuation of the legal action before it has truly began.

Despite these hurdles, the attorneys at Fears | Nachawati represent a collection of the few attorneys in Texas who continue to fight for the victims of medical malpractice, choosing to do so not because it is easy but because it is right and necessary. If you believe you or a loved one has been a victim of medical malpractice, please do not hesitate to contact our team of talented attorneys at 1.866.705.7584 or send an email to mn@fnlawfirm.com.

What happens if a doctor allows a non-licensed employee to prescribe medication and conduct surgery on a patient in his care? Dr. Alexander Orlov of Beaumont, Texas, can tell you: you go to jail for 15 months.

 

Almost too incredible to believe, Dr. Orlov charged patients as if he provided them with medical care, when, in fact, he subjected them to the untrained hands of an assistant. To add serious insult to potentially fatal injury, Orlov charged Medicare and Medicaid for the procedures, as if he would have conducted them.

 

Fortunately, no one seems to have injured by Dr. Orlov’s professional irresponsibility at the Lufkin Urgent Care facility. However, hundreds of victims of medical fraud are injured every year. Have you been hurt by medical malpractice? Are you confused, frustrated and angry? Talk to the medical liability professionals at Fears | Nachawati. Let us go to work for you. Call 1.866.705.7584 or send an email to info@fnlawfirm.com

As a result of changes to University Interscholastic League (UIL) policy, high schools will be prohibited from letting student athletes practice or complete on the same day that they sustain a concussion. This change in policy was approved by the UIL’s legislative council in October of last year and received final approval from Texas Commissioner of Education Robert Scott late last month. The guidelines will go into effect August 1, 2011.

 

What does this mean for you? Texas law now gives greater protection to your children when they compete in school sports. If you suspect that their coach is disregarding state law by playing them after their head injury, you have the power to fight back. If you need help communicating with your child’s coach or school administrators, talk to the personal injury professionals at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

Hip replacements are common among older Americans. When properly built and installed, they can dramatically improve an individual’s quality of life. Tragically, however, a group of patients in Houston have encountered failed hip devices. Earlier this month, these victims filed suit against Johnson & Johnson, Inc., the manufacturer of the ASR XL Acetabular Metal-on-Metal Hip Replacement System. They have valid reason for concern: in August 2010 Johnson & Johnson recalled the ASR XL system after a study revealed that the product had a high failure rate of 13 percent over five years.

 

Have you had a hip replacement that causes you pain and discomfort? If so, you may be living with a failed product. You can do something about it. To find out more about how to improve your health and fight for your rights, contact the experts at Fears | Nachawati. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

Continue Reading Do You or a Loved One Suffer From a Failed Hip Replacement

 Late last year a mentally ill teenager, Michael Keith Owens, died at the hands of Daystar, the residential treatment center where he was placed by the Texas Department of Family and Protective Services (TDFPS). TDFPS paid $650 per day for Owens’ care, however, that sum only purchased Owens a space in a double-wide trailer shared with six other teens and two adult staffers. Moreover, Owens’ death represents the fourth death of a patient at Daystar and one of only 250 confirmed incidents of abuse.

 

The mentally ill are incapable of protecting themselves and too often their caregivers fail to provide them with anything like the fiduciary care they deserve. If you or a loved one has been in a hospital or mental institution recently, it’s worth asking whether you received the care you deserved. If not, it may be time to bring those ‘caregivers’ to task. Entities like Daystar should not be permitted to harm the defenseless!

 

To speak with the best in personal injury law, contact the experts at Fears | Nachawati. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com