When an accident or personal injury occurs, you may suddenly find yourself facing complicated medical decisions along with mounting medical bills, loss of income and a complete disruption of your life. The personal injury lawyers at Kirk-Pinkerton, P.A. can help you deal with the fallout from such a tragic event and the difficult legal complexities that go along with it. For more information, watch the videos below, or view our areas of expertise.
A recent New York Times article highlighted the fast rate of hip implant failures in the United States. (http://www.nytimes.com/2011/10/01/health/01hip.html?_r=1&scp=1&sq=hip%20surgery%20shows%20signs&st=cse)
The article notes that “[a]ll orthopedic implants, regardless of their composition, shed debris as they wear. But researchers say they believe that the particles released by some all-metal hips pose a special threat because scavenger cells dispatched by the body to neutralize the debris convert it into biologically active metallic ions. In some patients, a chain reaction begins that can destroy tissue and muscle.” Unfortunately, this failure was not a complete surprise. “More than a decade ago, some researchers had warned that the hips shed tiny pieces of metallic debris that posed potential health threats to patients. ”
If you have a DePuy or other brand of metal hip implant, please call Bill Robertson today. Bill’s direct dial phone number is 941.364.2433.
On July 13, 2011, the FDA issued a new advisory warning about plastic surgical mesh used during transvaginal surgeries to correct common female gynecological problems. The surgical mesh is made from porous synthetic material and is permanently implanted to reinforce the weakened vaginal wall to repair pelvic organ prolapse or to support the urethra to treat stress urinary incontinence. Physicians in the U.S. perform about 75,000 surgeries utilizing these mesh products each year. From 2008 to 2010, the FDA received more than 1,500 Adverse Event Reports related to complications associated with the plastic mesh.
Some of these serious complications include:
Extreme Pelvic Pain
Erosion/Protrusion of Mesh through the Vaginal Wall
Multiple Surgeries to Remove imbedded mesh
Studies indicate that about 10% of women who have the mesh placed transvaginally experience mesh erosion within 12 months of surgery and that more than half require additional surgeries to remove the mesh. Mesh erosion can require multiple surgeries to repair and can be debilitating for some women. In some cases, even multiple surgeries will not resolve the complications.
Thousands of women suffering pelvic organ prolapse are treated with plastic mesh each year, but reports indicate surgery can often be performed safely and effectively without the need for mesh. The FDA plans to convene an advisory committee of experts this Fall to determine whether to ban the mesh.
If you or a loved one have suffered a serious complication following mesh-repair surgery for pelvic organ prolapse or stress urinary incontinence, please contact Bill Robertson for information about your legal rights.
A recent ruling by an Administrative Law Judge on a Manatee County in-fill project raises questions about the viability of anti-sprawl efforts in coastal communities. According to the case summary and news reports, the judge determined that the approval of a Comprehensive Plan Map change by Manatee County was not in compliance with state law because the map change increases residential development density in an area subject to coastal flooding. It is unclear what effect the ruling will have upon efforts by Manatee and Sarasota Counties to curb suburban sprawl into eastward rural lands, where development is often less expensive and easier. The counties have attempted to encourage in-fill and redevelopment projects with a combination of regulations (such as urban service boundaries) and the adoption of incentives (such as the Manatee County “encouragement zones”). The challenge and defeat of this project (led by nearby property owners opposed to the more intense development) adds another element of risk to the cost and predictability challenges policymakers have sought to reduce in an effort to encourage investment in the urban areas of coastal Florida. The timing of the ruling is significant, as Florida’s sprawl-producing growth management regulations cited in the decision are being scrutinized by the Florida Legislature, which has cited such cases as evidence of the need for reform.
Kirk Pinkerton congratulates Scott Rudacille for being recognized by Martindale Hubbell as a “Preeminent Lawyer.” Scott is the firm’s latest “AV” rated Preeminent Lawyer. According to Martindale Hubbell, “[a]n AV certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.”
Scott is Florida Bar Board Certified in City, County & Local Government Law.
For more information about Scott, here’s a link to his webpage.
According to Associated Press, David Stern’s Plantation-based law practice will end operations March 31, 2011. “The firm once had more than 1,200 employees and handled tens of thousands of foreclosures each year.”
While one foreclosure mill is closing its doors, many more remain open for business. Lenders and borrowers involved with foreclosures should opt instead for competent local counsel to protect their interests. Got a foreclosure question? Call Brad Hogreve at 941.364.2400.
Today’s Snyder v. Phelps decision from the Supreme Court of the United States maintained the extensive protections afforded to speech in our country. This case was initiated by a father whose son was killed while serving in the military. Members of the Westboro Baptist Church in Topeka, Kansas, picketed the military funeral, and the father sued claiming that such picketing inflicted severe emotional distress.
Members of the Westboro Baptist Church regularly attend military funerals where they display signs which attribute the deaths of troops in Iraq and Afghanistan to God’s punishment for America’s acceptance of homosexuality.
The Supreme Court found that, however hurtful the protest was for the father, the First Amendment protected the church’s speech.
The Supreme Court of the United States recently issued Staub v. Proctor Hospital. This decision adhered to a “cat’s paw” theory of employer liability for discrimination i.e., the Court found that employers would be subject to liability for discrimination “where lower-level supervisors with discriminatory motives influence, but do not make, adverse employment decisions made by higher-level managers.” (http://www.stoelrivesworldofemployment.com/2011/03/articles/supreme-court/supreme-court-upholds-cats-paw-theory-in-employment-discrimination-cases/) This decision is expected to make it more difficult for employers to resolve discrimination cases through motions for summary judgment.
While we welcome inquiries about potential representation, please do not send any confidential information about any matter before we agree to represent you in that matter or we request information. Pursuant to Proposed Advisory Opinion 07-3, adopted by the Professional Ethics Committee of The Florida Bar on June 20, 2008, any information sent to us unilaterally may not be treated as confidential information and, depending on the circumstances, could be used against the person sending the information. Accordingly, before sending any confidential information to us, please contact us so that we may determine if we have any conflicts of interest and if we are otherwise able to represent you.