If you or someone you know suffered from improper medical care, it may be a case of medical malpractice. You do not have to face the consequences without fair compensation. The medical malpractice attorneys at Meshbesher & Spence are experienced professionals in seeking due compensation for such occurrences.
Medical device and dangerous drug litigation are unique, making it extremely important to hire a medical device and prescription drug lawyer with the knowledge and experience to handle your case. The class action lawyers at Meshbesher & Spence have earned a national reputation for success representing clients and are dedicated to protecting the rights of people who have been harmed by the wrongful acts of corporations.
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Personal Injury Lawyers fighting to protect your rights
For over 50 years, Meshbesher & Spence has grown to become a nationally-recognized personal injury practice handling all types of accident claims and representing clients in mass tort and medical malpractice cases on a local and national level.
Putting clients first and maximizing their recovery is paramount to everything we do. When you hire the Minnesota lawyers at Meshbesher & Spence, you benefit from our proven track record. Hire the law firm Minnesotans have trusted for over 50 years.
April 3, 2017
Read the article written by Mike Mosedale below
Fast growing MDL boasts bevy of local legal talent [Minnesota Lawyer] Some of Minnesota’s top legal talent and one of its most prominent corporations are front and center in one of the fastest growing medical device mass torts of the year.
The wave of lawsuits target 3M Corporation’s Bair Hugger product, a Shop-Vac-like device that uses forced air to keep patients warm during surgery. That’s long been regarded as a major benefit because anesthetized patients can’t regulate their temperature, which can lead to hypothermia and other complications, including an increased risk of infections.
But plaintiffs claim the Bair Hugger system actually boosts the risk of infections by spreading bacteria from the operating room floor to surgical sites. They accuse 3M and subsidiary Arizant of concealing the hazard. Last year, about 50 Bair Hugger lawsuits were consolidated into multidistrict litigation in U.S. District Court of Minnesota. By March, the filings had swelled to 260 and, as of late September, the tally had ballooned to 725.
I fully expect well over 1,000 by the end of the year and, depending on how things unfold, it could be many multiples of that,” said Genevieve M. Zimmerman of the Minneapolis personal injury firm of Meshbesher & Spence, Ltd.
Last February, U.S. District Judge Joan Ericksen named Zimmerman as co-lead counsel on the Bair Hugger MDL, along with Michael Ciresi, of the Minneapolis firm of Ciresi Conlin LLP, and Ben Gordon, of the Pensacola-based mass tort firm of Levin Papatonion. David Szerlag of Minneapolis’ Pritzker Olsen was appointed liaison counsel.
Veteran trial lawyer Jerry Blackwell, partner and chairman of Minneapolis-based litigation and trial boutique Blackwell Burke P.A., and Bridget Ahman, of Faegre Baker Daniels, are representing 3M.
Gordon and Zimmerman both served on the plaintiff’s lead counsel committee in a medical device MDL involving the Stryker Corporation’s since-recalled metal hip replacement parts. The Stryker MDL, which was also centralized in the Minnesota district, was resolved under the terms of a global settlement approved by U.S. District Judge Donovan Frank in 2014, with Stryker agreeing to a payout estimated at $1 billion.
Ciresi, who is probably the state’s best-known trial lawyer, has been a player in high profile mass torts stretching back to the 1980, when he served as lead counsel in two bellweather trials over the Dalkon Shield, a faulty intrauterine contraceptive device that rendered many users infertile before it was yanked off the market.
The Dalkon Shield litigation culminated with the establishment of $2.5 billion trust fund for about 200,000 women. According to Zimmerman, lawyers from the 21 firms involved in the Bair Hugger MDL are now working on a protocol for selecting a bellweather case, which is scheduled to go to trial in November 2017.
Unlike many of the medical devices in mass torts, Bair Hugger, which was approved by the Food and Drug Administration in 1988, has never been recalled and remains widely used, with more than 80 percent of U.S. hospitals currently employing the product in surgical settings.
The first Bair Hugger lawsuits were brought shortly after the device’s inventor, Minnesota anesthesiologist Scott Augustine, launched a public campaign against its continued use. In particular, Augustine claimed that the Bair Hugger system, which warms patients by blowing hot air through a hose attached to blanket that is then placed over the patient, increases the risk of deep-joint infection, especially for patients undergoing orthopedic surgeries such as knee or hip replacements.
3M Corp. — which purchased Eden Prairie-based Arizant, the manufacturer of Bair Hugger, for $810 million in 2010 — insists its product is safe and says there have been no confirmed incidents of infection caused by Bair Hugger in over a quarter-century of use.
Scientific disputes aren’t the only factor complicating the litigation. Augustine has since introduced a competing patient warming product, called a HotDog, which functions more like a high-tech electric blanket, and 3M accuses Augustine of besmirching the Bair Hugger for competitive reasons.
“It’s a difficult case but it’s a case that we think is important and that presents issues that, in our view, amount to a public health crisis,” said Zimmerman, who noted that the Bair Hugger is used an estimated 50,000 procedures every day.
By: Mike Mosedale October 6, 2016
April 6, 2017
Here are some basics to remember if you end up in an accident.
Turn on your hazard lights
Check to see if anyone in your vehicle has sustained injuries. If so, call for help.
If it is safe to exit your vehicle, do so and then check to see that driver and passengers in the other vehicle(s) are unharmed. Again, contact emergency services if anyone is injured.
Avoid Conflict with the other driver or passengers. Accidents can make people overly emotional, if they become agitated, verbally or physically abusive, walk away.
Call the police to report the accident and have a report taken. Doing so will provide insurers, investigators and lawyers with the facts while they are still fresh.
Be sure to take photos and notes of the accident scene. Note exactly what happened, as you recall it, including the time date and weather conditions. Then exchange license, insurance and plate information of the car(s) involved.
Gather any witnesses, getting names, addresses and telephone numbers should further investigation prove necessary. Is your vehicle still mobile? If so, carefully move your vehicle out of traffic patterns and off to the nearest shoulder, curb or parking lot.
Don’t discuss the accident, from your perspective, with other drivers or witnesses. Never admit liability, as any comments or admissions made at the scene may be used against you later.
Stay at the scene of the accident until the police arrive and release you to go.
Call a qualified personal injury attorney, if you are injured or the damage to your vehicle is extensive, for a consultation. Don’t delay in seeking legal advice. Cases are stronger when an attorney is involved early. Call and speak with one now: 1-888-728-9866.
April 6, 2017
When a teenager gets into an accident they’re often unprepared because no one has instructed them as to how to handle the situation. While no parent wants to think of their teen being involved in an accident, at the same time it’s your job to prepare them for life’s more challenging and difficult circumstances – car accidents are no exception.
THE HARD REALITY OF TEENS AND DRIVIN
According to the Centers for Disease Control and Prevention (CDC), “motor vehicle crashes are the leading cause of death for U.S. teens. In 2010, seven teens ages 16 to 19 died every day from motor vehicle injuries.”
WHAT YOUR TEENAGER SHOULD KNOW IF THEY ARE INVOLVED IN AN ACCIDENT
Prepare ahead of time: Even before you’re in an accident there are a few things you can do to be prepared. An “accident kit” should be kept in the glove compartment and contain a pen, paper, disposable camera, and a card with information about your medical conditions or allergies. It’s a good idea to keep some flares and/or warning triangles in your trunk. Finally, have your phone with you in your vehicle whenever possible Get Calm: Right after you’ve been in an accident you’re likely to be pretty shaken up, but you’ll want your mind to be as focused as possible so that you can make good decisions. Take a moment to get calm, taking a few deep breaths and centering yourself –this will help you to deal with the situation with a clearer mind.
Determine the severity of the accident: If you can’t get out of the car, remain in your seat with the seatbelt fastened. Turn on your hazard lights to alert others that something is wrong. If you have a phone with you call 911 for help. Wait for help to arrive. Secure your vehicle: If the accident isn’t too serious, the first thing you’ll want to do is move your car to a safer spot, either on the shoulder of the road or a nearby parking lot. If your vehicle still poses a risk to others on the road, place flares and/or warning triangles in a semi-circle around your car. Call for help: If anyone is seriously injured, trapped in car, or there is a fire you should call 911 and they will send the necessary response team. Police should be called to the scene regardless so that they can create an accident report (be sure to get a copy for your own records). Note: Never discuss fault with an officer or the other driver.
Exchange information: Next you’ll want to write down the other driver’s information and give them yours. This includes name, phone number, address, and insurance carrier for the insured, as well as license number and plate number. Note crash details: In addition to the above information it is important to write down as much as possible about how the incident happened. Include date, time, location, color and make of the vehicles involved, and a timeline of events. Take pictures of the street, and damages while you’re at the scene.
Contact your insurance: Report the incident to your insurance company as soon as you can. Be honest, and give them as much detail about what happened as you can recall. Never talk to the other driver’s insurance company. As your parents about contacting a lawyer: As a teenager it may be hard to determine whether you should call a lawyer or not. Talk with your parents to determine the best course of action. When it comes to driving, you can never prepare your teen too much. Although they might moan and groan when you’re telling them to be careful for the thousandth time, the statistics don’t lie: “Per mile driven, teen drivers ages 16 to 19 are three times more likely than drivers aged 20 and older to be in a fatal crash,” reports the CDC. Your help might not be met with gratitude today, but if they are unfortunate enough to need the information after they’ve been in a crash, they will undoubtedly be grateful tomorrow.
April 6, 2017
April 6, 2017
First of all, if there is any significant property damage, you should certainly call for law enforcement to come to the scene. Since so many of us now carry smart phones or cell phones with cameras, it is highly advisable to take photographs at the accident scene, and of the damage to both your vehicle, as well as the other vehicles involved. Law enforcement usually does not take photographs of the vehicles unless there are very severe injuries or a death involved in the crash.
You should also take steps to contact your insurance agent or your insurance company directly to report the collision. Even if another driver was completely at fault for causing the crash, it is important for you to let your insurance company know about the incident, especially if you are going to seek any medical attention for injuries you may have sustained in the crash. The reason this is important is that your automobile insurance is primarily responsible for paying the first $20,000 for treatment of injuries you sustained in the collision. You should be aware that a small percentage of Minnesota insureds actually carry more than the required $20,000 in medical expense coverage under their own automobile policy. These citizens carry what is called “stacked” no-fault PIP medical coverage. If your family insures more than one vehicle under the same auto policy you should discuss the concept of “stacking of no-fault coverages” with your insurance agent.
Oftentimes car crash victims experience an adrenaline rush following the crash and do not notice symptoms of injury until 12-48 hours after the crash. Obviously, if you are severely injured and are taken by ambulance to the hospital, the question regarding seeking medical treatment is already answered. However, if you begin developing symptoms of injury the day or two or three following the crash, it is highly advisable that you make an appointment with your primary care physician for further assessment and treatment of your trauma-related injuries.
It is also important to be patient. Many insurance companies are very aggressive about trying to have crash victims sign full and final releases in exchange for $500 or $1,000. Some even drive out to the homes of crash victims in their white trucks with the company checkbook, prepared to write checks for $500 or $1,000, as long as the crash victim is willing to sign a full and final release of all claims.
The insurance companies know it is very tempting for many people to accept that kind of a deal. However, if you are still experiencing symptoms of injury from the crash, you should resist the temptation to sign away your rights in exchange for such a small amount of money, especially when it is only a few days or weeks following the crash.
In the end, if you are continuing to experience symptoms of injury following a motor vehicle crash, there is nothing to lose, and potentially much to gain, by contacting a lawyer or law firm that specializes in personal injury cases. Most law firms will provide a free consultation so you can better understand your options and legal rights as it relates to the various insurance claims arising out of a motor vehicle crash.
When in doubt, contact a reputable lawyer or law firm so they can answer whatever questions you may have and then you can make an educated decision as to whether to retain the services of a lawyer.
April 6, 2017
So, what can you do reduce your risk of becoming a traffic statistic?
Avoid These Top Causes of Traffic Accidents:
1. DISTRACTED DRIVING
Research at the American Automobile Association’s Traffic Safety Division says that between 25-50% of all motor vehicle crashes are caused by distracted driving. Distracted driving includes:
Talking on cell phones
Looking away from the road at scenery
Engaging with passengers or children
Adjusting the radio, cassette or CD player
Reading books, maps, newspapers or other documents
2. DRUNK DRIVING
The NHTSA reports that drunk drivers accounted for approximately 32% of all traffic fatalities in the United States last year. The only way to prevent this type of accident is to not drink and drive. Your best bet is to designate a sober driver in advance if you plan to consume alcohol.
Speed is one of the deadliest factors in any car accident. Not only does increased speed reduce the time you have to avoid a crash, but it also increases your risk of crashing, and it magnifies severity of the accident.
Remembering to obey posted speed limits and observing the basic speed law (never drive faster than is safe for current weather conditions) will go a long way toward making the roads safer for everyone.
4. AGGRESSIVE DRIVING
In 2009, Minnesota’s HEAT (High Enforcement of Aggressive Traffic) Program defined aggressive driving as “Driving in a manner that presents a threat to other drivers, passengers, pedestrians, and/or bicyclists.”
Aggressive driving includes:
Unlawful or unsafe speeds
Driving under the influence of drugs or alcohol
Texting while driving
Failure to follow traffic signals (running red lights/stop signs)
Failure to yield
Following at an unsafe distance
Unsafe or illegal lane changes (weaving in and out of traffic)
Driving without a seatbelt and/or improperly belted/seated child
If you find yourself in traffic with an aggressive driver, try to keep your distance, changing lanes once it’s safe to do so. Do not attempt to pass an aggressive driver. If the driver is behind you, remain calm and adhere to all speed and safety laws – do not interact with the driver with gestures, words or other signals. If the situation escalates or you feel endangered, call 911 and report the aggressive driver.
5. INCLEMENT WEATHER
Heavy rain, hail, snow, ice, high winds and fog can make driving conditions much more difficult. Make sure you adhere to the basic speed law, traveling only as fast conditions allow, and that you provide yourself with extra time to stop and additional space between you and the car in front of you. If conditions are really bad and you feel nervous or unsure, pull off to a rest stop or restaurant until weather conditions improve.
Though accidents aren’t completely avoidable no matter how careful a driver you may be, avoiding the top 5 causes of accidents can greatly reduce your risk of being involved in a car accident.
If you’ve been injured in a car accident, contact Meshbesher & Spence for a consultation with our personal injury attorneys. Our attorneys are available to visit you in the hospital, in your home, or in our offices, and they will help you determine if you will be able to recover damages for your injuries.
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