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NH Injury Attorneys Discuss Defective Medical Devices

Defective Medical Devices Can Hurt More Than Help

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From Nov. 2002 to Dec. 2012, 41 percent of all recalled devices from 20 companies were orthopedic.

According to the NH injury attorneys at Manning & Zimmerman Law, the United States Census Bureau has reported that the U.S. population will reach a turning point in 2030. That is the year when every surviving member of the baby boomer generation will be 65 or older. Seniors will outnumber children for the first time in U.S. history and will make up one-fifth of the American population.

This rise in the geriatric population has coincided with expanded medical technology. This includes the manufacture and sale of implanted devices. Diagnoses for arthritis and other orthopedic diseases and injuries are predicted to rise as the baby boomer population ages. Meanwhile, implanted devices for orthopedic injuries are already causing complications on a grand scale.

Devices Injure Patients and Add Millions to Medical Bills

Medical devices are often not scrutinized or regulated at the same level as drugs. This can cause severe injuries or death when they do not work properly. Most devices are not tested independently. They go through testing that is financed by the device manufacturer, so results are often skewed in their favor. The U.S. Food and Drug Administration (FDA) even has a controversial “fast track” 510(k) program. This program quickly approves more than 3,000 new devices each year because they are similar to old devices. One study has shown that orthopedic devices approved by the 510(k) program, instead of the much more comprehensive Premarket Approval (PMA) program, are 11.5 percent more likely to be recalled. Yet the FDA currently plans to expand this program.

The approval of these devices means big money for manufacturers, with a global orthopedic market estimated at around $4 billion. The race to get these implants out onto the market is putting profits over patients.

Some stories of defective implants that have injured patients:

  • Hip Implants: Tissue death, bone erosion, and extreme pain are some of the problems caused by the defective DePuy hip implant. In November 2017, six patients were awarded $247 million after a jury found that DePuy parent company Johnson & Johnson lied about the Pinnacle hip implant. In 2013, The New York Times reported that Johnson & Johnson knew an all-metal hip implant would fail within five years in nearly 40 percent of patients who had the surgery.
  • Knee Implants: DePuy was back in the news earlier this year when a man sued after his Attune knee replacement failed, causing severe pain and two follow-up surgeries. This followed a 2017 study by the Journal of Knee Surgerywhich found that the Attune knee arthroplasty system experiences an “unusually high” rate of early failure of its tibial components. Patients complained of pain, loss of motion and effusion of body fluids.

Signs and Symptoms of Implant Failure

There are many adverse effects of orthopedic device failure. If you’re worried about a potentially faulty device, here are some signs to look for:

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  • Pain and/or swelling at the location of the implant
  • Numbness
  • Impaired mobility
  • Loosening of the implant
  • Fracture in the surrounding areas
  • Symptoms associated with metal poisoning if your implant is metal-on-metal: Skin rash, cardiomyopathy, sudden neurological or psychological changes, impairment of renal function, thyroid dysfunction

If you have any type of medical device in your body, be sure to check if it has been recalled by the FDA. Finally, if a faulty orthopedic implant has affected you or someone you love, don’t hesitate to consider legal advice. Painful complications, surgeries, and excessive medical bills should not be the price you pay for the mistakes of device makers.

Contact Experienced NH Injury Attorneys for a Free Consultation

Have you or a loved one been injured due to another person’s careless acts? If so, it is essential that you have competent legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too!

For a free consultation, contact the NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

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Why Car Accident Photos Could Be Crucial to Your Accident Claim

Car Accident PhotosIn the aftermath of a collision, good car accident photos can be crucial to building your personal injury case. In fact, they may make the difference between a successful insurance claim and a failed one. That way, you can avoid piling financial insult on top of your personal injuries.

We realize it may be tough to remember to take photos in such a stressful situation, but doing so will protect your interests in the long run.

At the Law Office of Manning & Zimmerman PLLC, we’re here to help. So let’s do a quick walk-through of the process.

What Should I Include in My Car Accident Photos?

After everyone is safe and you’ve called the authorities, you can start taking your photos. Opt for both overview shots and close-ups of the details. You never know what might be important, so photograph everything you can think of, such as:

  • The surrounding area. This helps put the crash in context.
  • All nearby traffic signs, no matter how minor. Are they partially or fully concealed by anything, like foliage from trees or plants?
  • Any road construction signs and indicators.
  • Road conditions.
  • Weather conditions.
  • Skid marks.
  • Accident debris.
  • Any damaged structures, fences, utility poles, guard rails, etc.

Next, move on to photos of the vehicles themselves, and the people involved.

Take Photos From Multiple Angles

Start by taking multiple photos of the damage from as many angles as possible. Don’t forget to include the inside of your vehicle. Shoot general photos of all the cars as well, even from angles showing no damage. Be sure to photograph the license plates and the signage showing the makes and models of all vehicles involved.

Take Photos of Your Injuries

As hard as it may be, photograph your own injuries as soon as possible, then photograph the injuries of your passengers. By the time you end up in court, the injuries will have partially or completely healed. Be aware that some injuries like bruises might not show up for hours or days, so take pictures of those when they appear.

Take Photos of Witnesses, as Well as the Other Driver

The witnesses. You or an investigator may need to speak to them later, and your injury attorney will want to know about them if the accident goes to trial. You may not remember them later, so get a record of who was on the scene. Photograph the police officers on the scene for the same reasons, as well as the other driver(s) and all passengers.

Make Sure the Correct Time and Date Are Set Up on Your Phone or Camera Beforehand

Take a many car accident photos as you can, even if that’s far more than you think you’ll need. If you’re using a digital camera, set up the time- and date-stamp properly before you start. Your phone may or may not time-stamp the photos. If it does, the stamp will be based on your cell network’s clock and should be quite accurate.

What If I’m Injured and Can’t Take Photos?

Ask someone to do it for you. Provide detailed instructions. The more responsible and logical the person taking the car accident photos is, the better. If you’re alone, you may have no other choice but to depend on the police photos taken, if any. Otherwise, you can return to the accident site later to photograph most of the things on the above list. You can photograph the damage to the vehicles wherever the vehicles end up.

We Can Help You Maximize Your Damages in a Car Crash Claim

New Hampshire doesn’t require drivers to carry auto insurance (even Personal Injury Protection), though at-fault drivers have to prove their ability to meet New Hampshire Motor Vehicle Financial Responsibility Requirements. The minimum liability insurance coverage for New Hampshire is 25/50/25, or up to $25,000 per injured person with a maximum payment of $50,000, with a $25,000 maximum for damages.

Whatever insurance you have, it may not be sufficient to pay all your costs, especially medical bills. If not, call the Law Office of Manning & Zimmerman PLLC at (603) 624-7200 or by email at info@MZLawNH.com for a free consultation. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.