A painful shoulder can be extremely debilitating. When this happens, there is usually limited movement in this part of the body. When the traditional method of treatment fails, shoulder replacement is usually the best option. While approximately 9 out of 10 shoulder replacement procedures are usually last for a decade, there are instances when they do fail. According to the website of Williams Kherkher, a failed shoulder replacement surgery can cause significant injuries to the patient.

Over the years, there has been an increase in the number of shoulder replacement lawsuits. Rather than make the patient feel better, some replacement devices have made life more difficult for patients. They reported various complications such as significant bone loss, instability, weakness, and unexplained pain. Every surgery comes with a risk of failure regardless of what the operation was intended for.

In shoulder replacement, the top of the humerus and shoulder blade is replaced by an artificial implant. Cement is used to make the new components stick. Another alternative for holding the new components together is a material that promotes the growth of the new bone. Rehabilitation generally takes several months. A successful operation is good for 10 to 20 years.

However, the failure of the shoulder replacement may bring about various risks and complications. It can cause infections which may result to the removal of shoulder prosthesis. When the infection is gone, the patient may already receive new implants. A failed shoulder replacement may also cause rotator cuff damage. In addition, it may also cause bone fracture which may result to a second shoulder surgery. When all of these happen, it will usually cause severe pain and disability. The only way to treat shoulder replacement failure is shoulder replacement revision surgery. These types of procedures are usually associated with a higher risk of complication. The patient will usually not be able to return to the same level of functioning after a revision procedure.

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INFUSE Lawsuits Abound

Minnesota-based medical device developer and manufacturer Medtronic is facing more than personal injury lawsuits from INFUSE Bone Graft patients. Medtronic investors have again filed a class-action suit against the company and its officials for fraud. If the courts find that Medtronic officials misled investors by covering up the problems with INFUSE by manipulating research results, this would smoothen the way for personal injury plaintiffs. Medtronic CEO has also been accused of hiding the fact that the Food and Drug Administration (FDA) had denied another version of INFUSE called Amplify.

However, Medtronic had already successfully settled a shareholder lawsuit over INFUSE in 2012 for $85 million without admitting to any crime or culpability. If Medtronic is able to settle with investors this time around, the lawsuit will not help individuals who are currently suffering the side effects of INFUSE prove their case.

The INFUSE product is supposed to help people with specific bone grafting needs in the spine and the mouth. It is not approved for the neck area or the cervical area of the spine because there is the possibility of overgrowth which can lead to pain, infection, and other complications that may require multiple surgical interventions.

Many patients currently suing Medtronic were not aware about the problems associated with INFUSE or the dangers of off-label use until after they began to suffer serious complications. Many patients claim that INFUSE has made a bad situation (original complaint) worse. Bone problems aside, INFUSE has been implicated in an increased risk of sterility and cancer. If you have suffered serious injury or medical conditions caused by the product, you may have a valid claim for compensation. It would not do to wait too long as the statute of limitations may run out.

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Spinal cord injuries are not all the same. It can be partial or complete, simple or complex. The spinal cord is where a myriad of nerves runs down the middle of the back which serves as signal carriers between the brain and the rest of the body. When the spinal cord is damaged for whatever reason, the signals can be disrupted, preventing the body from receiving the orders of the brain. Damage to the spinal cord can be through trauma or disease.

Spinal cord injury through trauma can result from:

  • Falls
  • Physical assault
  • Car accidents
  • Worksite accidents
  • Gunshot or knife wounds
  • Sports injury

The severity and location of the damage will determine the extent of the signal disruption. In car accidents or similar blunt force trauma, broken bones can be shoved into the spinal cord from the force of the impact or alternatively the force can compress the vertebra enough to damage the spinal cord. So while there may be no outward physical damage, the spinal cord may be affected and should be immobilized to avoid more damage. This is why first responders in car accidents are cautioned not to move an injured person unless absolutely necessary.

The effects of spinal cord injuries range from mild and temporary to complete and permanent paralysis. The most serious spinal cord injuries are when they occur in the high cervical nerves (C1-C4) which are located nearest to the neck. Many victims of negligent car accidents sustain this kind of injury and become completely disabled, requiring 24-hour care and a radically reduced quality of life. As pointed out on the website of law firm Crowe Mulvey, the financial and emotional burden can be overwhelming.

If you have sustained spinal cord injuries because of the negligence of others, you should seek compensation for this potentially life-changing injury. Contact a personal injury lawyer in your area for an initial assessment of your case.

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Wrongful death claims are lawsuits that are filed by the family or heir of the deceased against the people responsible for the death of the victim. The plaintiff on this case is usually the immediate family who has the legal right to file a case against the defendant for their negligent or reckless actions that resulted to the death of the victim. Majority of these cases are made in order to demand damages following the wrongful death and get compensation in place of financial support, pain and suffering of the victim before the death occurred, expenses paid for the funeral services, and other damages that would apply. The plaintiff’s personal injury lawyer will be the one to determine the extent and coverage of the compensation depending on the state statute and context of the case.

In cases of stillbirths, in order to have a personal injury case there must be negligence or intentional motives that caused the death. In order to have a strong case you and your personal injury lawyer should follow the procedures listed in the medical malpractice procedures that would eventually prove the liability of the defendant. Stillbirths are a complicated case because there are states where wrongful death statutes do not apply for stillborns, while there are states that require fetus to be alive and moving in the mother’s womb. For states that do not view stillborns as wrongful deaths, parents can still file a number of cases depending on their circumstance, such as negligent infliction of emotional stress.

Wrongful death claims for stillborns require the defendant to have acted negligently or with intent of causing stillbirth. In order to prove this, the plaintiff should establish that the infant have a great chance of survival outside the womb, or through the help of medical aids. Infants in and over the age of 24 weeks are generally considered viable or alive, therefore should the negligent or intentional act was committed before the “viable “stage, then there will be no wrongful death case. Because of the complications of stillbirths in wrongful death cases, it is important to consult with a lawyer to determine the chances and legal aspects of the case.

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