Wednesday, May 6, 2015

"Ask a Lawyer" - Mesh Implants


I am a 38 years old woman who had a mesh implant three years ago.  Now I am having awful issues with it.  I read that there is a lawsuit over these implants.  Will the lawsuit make the company pay for removal? Angie, Dora

Also called a sling, patch, and tape, a mesh implant is a surgical mesh device used to treat pelvic organ prolapse and stress urinary incontinence in women. Several medical device manufacturers such as C.R. Bard, Johnson & Johnson, American Medical Systems, and Boston Scientific manufactures and sells surgical mesh products designed for implantation. Recently, the FDA and thousands of patients have been questioning the safety of these products; the FDA even issued a warning to patients and healthcare providers regarding the potential risks of this product.

More than 5,000 patients filed injury reports to the FDA during 2005 and 2014. The FDA estimates that failure rates for mesh devices may be as high as 10 percent. Device failure can result in serious complications such as:  scarring, recurrence of condition, inflammation, mesh erosion, urinary problems, and pain.

Why did the FDA approve a product with such a high failure rate? 
The first mesh device was approved in 1996 under the FDA code 510(k), a clearance process that does not require the manufacturer to conduct thorough testing of the product. Although the device was recalled after three years, due to overwhelming numbers of injury reports, dozens of medical device manufacturers have been able to receive clearance for products similar to the recalled mesh.

If you are satisfied with your treatment, it is not necessary for you to take further action. However, it is important for all patients to go through annual and other routine check ups to ensure complications do not develop in the future.

If you have suffered health complications, patients may file a product liability lawsuit against the medical device manufacturers.  Compensation claimed in a lawsuit will include an amount to pay for a revision or removal.  Presently, several companies are facing lawsuits from women who have been harmed as a result of mesh devices such as: Gynecare, TVT, Avaulta, Gynemesh, Elevate, Perigee and Advantage Mid-Urethral Sling

Patients who have been injured by a surgical mesh implant and are considering legal action should contact a professional product liability lawyer as soon as possible.

Product Liability lawyers at Nelson, Bryan and Jones have accumulated years of experience litigating against large corporations on behalf of wrongfully injured consumers. With a track record of successfully taking on large corporations, our attorneys have recovered millions of dollars in settlements and verdicts for seriously injured victims. For more information on how the lawyers at Nelson, Bryan and Jones can help you, please call us today to schedule a free consultation.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Tuesday, May 5, 2015

"Ask a Lawyer" - Who is Responsible for Paying Your Medical Bills after an Auto Accident?


I had a car accident that was not my fault.  How will my increasing medical bills get paid? Suzanne, Curry

Once you begin recovering from your injuries after a car accident, you will probably start to wonder how the medical bills are going to be paid, especially when you are not at fault for the car crash.

Our firm handles car accident claims everyday of the year. A car accident lawyer can help you recover damages for medical bills resulting from another driver’s negligence.

Who is Responsible for Paying Your Medical Bills?
Ultimately the responsibility to pay for your medical care lies with you. However, before you break out the checkbook speak to a car accident lawyer about filing a claim against the at fault party.

Proving liability after your car accident and helping you recover damages is just a part of what a team of lawyers will handle for you. We are shrewd negotiators who can assist you in minimizing those medical bills to put more money in your pocket.

Using Your Health Insurance
Your health insurance policy should be used first to begin paying your medical bills. They only pay a fraction of what you would be, cutting down on the overall expense after you have reached a settlement with the negligent driver’s insurance company. Your health insurance company has the right to demand compensation from you for their expenses if you receive money from the defendant to help cover your medical costs.

When you use your health insurance policy to cover the costs of your medical care after an accident, an attorney can work out a deal with them to reduce the amount owed once the case has been settled.

If You Don’t Have Health Insurance
Some of our clients don’t have the benefit of insurance, or the high cost of care after an accident has caused it to reach its limit. Any bills that are left unpaid for should be brought to your lawyers’ attention immediately. They will negotiate with the hospitals debt collection department to reduce the amount owed.

How A Law Firm Can Help
Negotiating with your creditors is just one of the many ways your attorney can assist you in pursuing compensation for your car accident. Our goal is to help you recover as much of the damages you incurred as legally possible. This means helping to prove liability, providing proof of the financial losses you have sustained, and negotiating with the companies that you are now indebted to.

Nelson, Bryan and Jones can help you to maximize your compensation. Call our office today before beginning to make payments on your medical expenses. Be ready to discuss your case by having all medical records ready. From there we will help you to decide what the best course of action will be for you to handle the medical bills until the claim has been settled.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.