Colorado Law Blog

Pain Pump - Post Arthroscopic Glenohumeral Chondrolysis Lawsuits

bethklein — Tue, 27 Jul 2010 01:11:55 +0000

Hundreds of individuals across the country use high volume pain pumps to cope with the pain that often follows arthroscopic shoulder surgery. These pumps may deliver too much medicine causing a loss of cartilage that can lead to lifelong pain. The first verdict is in at over $5 Million.

These cases will be handled individually - not as a class action. If you need help with a pain pump case, call us now, 303-448-8884, for personalized attention.

In 2006, a presentation at an American Academy of Orthopedic Surgeons meeting discussed a study that linked the use of intra-articular pain pumps in shoulder surgeries to a condition called Post arthroscopic Glenohumeral Chondrolysis (PAGCL).

PAGCL is one of the most common complications following shoulder surgeries. The aforementioned study reviewed 152 patients who had undergone anthroscopic shoulder surgeries and found that 12 of the patients developed PAGCL. In addition, the researchers found that all of the patients who developed the condition had been administered a shoulder pain pump filled with bupivacaine and epinephrine during their surgery. Furthermore, the only factor that the patients had in common was the use of a shoulder pain pump.

The Most commonly used are:

· Stryker®

· Stryker® PainPump 1®

· Stryker® PainPump 2®

· PainPump® Blockaid®

· I-Flow®

· On-Q® Painbuster®

· Donjoy®

· Donjoy® Pain Control Device

· Accufuser® Plus Pain Pump

Postarthroscopic glenohumeral chondrolysis is a condition in which the cartilage located within the shoulder joint begins to deteriorate. This typically occurs after an individual has had surgery on the affected shoulder. The condition generally affects the glenohumeral joint, which is the joint at the end of the shoulder comprised of the socket of the shoulder blade and the ball of the arm bone. The cartilage between these two portions of the arm and shoulder is the site affected by postarthroscopic glenohumeral chondrolysis. As the cartilage begins to deteriorate due to the condition, the individual starts to experience the complications associated with the disorder. This can last for a lifetime.

Beth Klein Speaking at Anti-Human Trafficking Conference in Berlin

bethklein — Wed, 23 Jun 2010 13:45:05 +0000

Shareholder Beth Klein has been invited to speak on the Status of Human Trafficking in the United States in Berlin. She will be a featured speaker along with leaders from the EU - Petra Pau, the VP of the Parliament of Germany, Dagmar Pohler, Mayor of Berlin, Sandra Kozschnek, UN GIFT, Barbara Lechbihler, Member of the European Parliament.

Mrs. Klein will speak on the strategies to end demand for human trafficking in the US and the current situation. 27 nations will be represented at this gathering.

http://www.socialeurope.de/fileadmin/dokumente/Programme_22.06.2010.pdf

Klein Frank Investigates Recent Rash of Deadly RTD Crashes

bethklein — Mon, 12 Apr 2010 22:35:50 +0000

There has been a string of deadly crashes in the Denver Metro area involving RTD buses. In three separate incidents, at least four people have died and many other people are left with injuries. Clearly, numerous lives have been forever changed by these crashes.

The Regional Transportation District, commonly known as RTD, is a governmental entity. Being a governmental entity usually provides for some protections from law suits. However, what is important to know is that the driver in at least one crash was not an RTD employee but was a person contracted through a private company, Veolia Transporation. Much of RTD’s bus service is privately contracted, so the governmental immunity protection may not apply in these cases. Generally, an independent contractor is not considered a “public employee.”

Veolia Transportation’s Web site describes it as the largest private transportation provider in North America. Veolia is a multi-national corporation that operates transportation in the United States and all over the world. It operates rail, taxi and airport shuttle services, including bus transit in Las Vegas, Phoenix, San Diego, Atlanta, Baltimore, and suburban Washington, D.C., and Toronto. Investigation into the practices of Veolia will be an important factor in these cases and will likely show that Veolia is not too concerned with its drivers’ background, including driving history, and training.

Klein | Frank, P.C is investigating these crashes and the complex relationship between Veolia and RTD. If loved one has been harmed by RTD, contact us now. 303-448-8884.

Man trapped under table in wheelchair dies from complications

bethklein — Mon, 22 Mar 2010 19:15:25 +0000

29-year old Jeffrey Thompson was having his wheelchair repaired by Frankin, Tenn. -based National Seating and Mobility. He was seated in the chair as they worked on it, when it suddenly jumped, causing Jeffrey and the wheelchair to become lodged under the table in front of him. This caused injury to Jeffrey’s legs, which led to uncontrollable seizures. Jeffrey was hospitalized and died the next day from his injuries. His family has filed a $10 million lawsuit against National Seating and Mobility, for failing to remove the chair battery and for repairing the chair while Jeffrey was seated in it. Any settlement money received in the lawsuit will go to JPT Foundation, a non-profit organization set up in Thompson’s honor, to help people with disabilities.

View full story at: http://bostonherald.com/news/regional/view.bg?articleid=1240569

Klein | Frank, P.C. has successfully brought claims against wheelchair manufacturers and sellers for improper conduct leading to substantial injuries. If you are injured by a defective product, call our attorneys for a consultation.

Beth Klein’s proposed Colorado Anti-Human Trafficking law Unanimously passes House Judiciary Committee

bethklein — Mon, 22 Mar 2010 18:29:49 +0000

On March 18, 2010, Beth Klein testified at the Colorado House Judiciary Committee in support of her proposed Anti-Human Trafficking legislation, SB10-140. It was later referred, unamended, to the entire House Committee. Klein authored the bill after years of involvement in international child slavery advocacy. Klein works closely with several organizations that work to rescue women from the sex slavery trade, and then help these women rebuild their lives.

The 2010 Anti-Human Trafficking Bill for Colorado aims to add human trafficking to the Organized Crime Act. According to the bill, it, “repeals and relocates, with amendments, provisions relating to trafficking in adults, trafficking in children, and coercion of involuntary servitude.”

Klein reports that human trafficking is becoming more widespread than drug trafficking, noting that “the distinction of people and drugs is that you can use a person over and over and over again,” She adds, “This bill addresses how we can go and find and break through those networks so that we can stop it.”
Read more here: http://cbs4denver.com/local/Authorities.say.Boulder.2.1501863.html

FDA Warns Bayer - False Advertising & Quality Control of YAZ

bethklein — Sat, 20 Mar 2010 00:13:19 +0000

A popular contraceptive for women called Yaz (also known as Yasmin or generic Ocella), faces growing concerns in the medical field for its serious and lengthy list of side effects. These side effects include blood clots, stroke, and heart attack along with gall bladder disease and pancreatitis, all of which have been linked with women using the birth control.

According to the New York times 74 women have already filed suit against Bayer, the drug manufacturer for health problems they developed while taking Yaz. These women assert that Bayer knew that its product was dangerous, but proceeded to sell it anyway. Sales were over $600 million in 2008.

Last October, the Department of Health and Human services sent a warning letter to Bayer for its false advertising and misleading ad campaign of Yaz. The agency sent another warning to Bayer concerning its failure to comply with American quality control standards.

Recently, women who have suffered from Yaz problems have been increasingly coming forward to report their injuries. Consumer groups and some members of the medical community are questioning Yaz side effects and the increased risk for blood clots and strokes.

Yasmin side effects include:

• blood clots in the legs (DVT)
• blood clots in the lungs (Pulmonary embolism)
• stroke
• heart attack
• gall bladder disease
• pancreatitis

Klein | Frank, P.C. is currently investigating cases involving Yaz and life altering injuries. If you or a woman that you know has suffered serious injury while taking Yaz, call an experience attorney at Klein | Frank, P.C. 303-448-8884. We will listen and do what we can to help.

Toyota Recall for Accelleration Defect Halts Sales After 20 Deaths

bethklein — Thu, 28 Jan 2010 16:33:22 +0000

Toyota on Tuesday expanded its recall of vehicles potentially affected by an unexpected acceleration issue.

ABC World News (1/27, story 5, 2:50, Sawyer) reported on the “utter confusion for millions of worried Toyota drivers” who are “desperate to know tonight if it’s safe to keep driving their cars. And add to that the dealers who say they were blindsided by the company’s decision to suspend sales of some models.” ABC (Ross) added, “Toyota offered this amazing advice to owners of the Camry, Corolla and the six other models involved: Keep driving them, even though some of them could be unsafe.” After “reports of thousands of accidents and 20 deaths, Toyota’s advice that owners of the cars affected should keep driving them despite the possible hazard was met with astonishment and derision.”

The CBS Evening News (1/27, story 5, 2:00, Couric) reported, “Toyota was doing damage control today following its unprecedented decision to suspend sales and production of eight different models.” CBS (Reynolds) added, “Now Avis and other car rental companies have temporarily removed Toyotas from their fleets and consumers are flooding dealers with questions.”

NBC Nightly News (1/27, story 5, 2:50, Williams) reported, “There is no exact count of incidents of cars racing forward, but several deaths have been attributed to a problem with floor-mats and accelerator pedals.” NBC (LeBeau) added, “Toyota’s recall and suspension of sales impacts most, but not all versions of eight different models. Those built in Japan are not affected.”

Attorney Beth Klein organizes mass effort to assist orphans of Haiti

bethklein — Mon, 25 Jan 2010 15:25:28 +0000

Colorado attorney Beth Klein has organized a mass effort to evacuate orphans in Haiti who have been adopted by American parents. Over the past 10 days, she has worked with the Department of State, the Pentagon and three orphanages to ensure that over 200 children are returned safely to the United States.

“I had an extraordinary response which began with the simple idea of getting a 737 donated to airlift children from Port Au Prince.” she said. Within hours, many people were stepping up in chartering planes, volunteering their time as escorts and physicians for adopted children, and donating money for the effort. Mrs. Klein worked with Jennifer Sisk, a legislative aid with Senator Udall to organize parents, locations of orphanages, and to line up planes to bring these children to the United States. “Jennifer and I worked around the clock to make sure that every effort was made to support these children. We answered calls at home started as early at 3:00 am to make sure that the parents were involved and informed.” One of the most interesting calls was from the Pentagon offering transport planes and a back phone number so that orphanages could directly connect with planes leaving Haiti and fill seats that would otherwise be empty. “I have never gotten a phone call from the Pentagon before; quite surprising that a normal citizen could have this impact.

For more information about this effort check out:

NBC Nightly news feature: http://www.msnbc.msn.com/id/3032619/#35021839

http://thedenverdailynews.com/article.php?aID=7058

http://cbs4denver.com/local/haiti.adoption.vigil.2.1433814.html

http://www.thedenverchannel.com/news/22261539/detail.html

http://cbs4denver.com/local/haiti.adoption.vigil.2.1434003.html

Toyota Expands the Recall of Defective Cars

bethklein — Fri, 22 Jan 2010 14:31:45 +0000

See if your car is on the list:

http://www.usatoday.com/money/autos/2010-01-21-toyota-recall-gas-pedal_N.htm

Call us today, if you need assistance with a defective car case 303-448-8884

What you need to know about subrogation.

bethklein — Wed, 06 Jan 2010 16:07:08 +0000

Have you ever had medical treatment and then been contacted by your health insurance company asking you whether someone was responsible for causing your injury? Most people have, and that is called subrogation.

Your insurance carrier is probably trying to determine if someone is fully or partially to blame for your injuries so that it can try to recover the money that it paid for your care. The insurer wants to determine if you are planning on suing another party for your injuries. The insurer may also demand that you spend your own funds and hire an attorney to recover money for your own insurance company.

The health or med-pay insurance company creates the right of subrogation in your insurance policy. It is important that you read the language in any health insurance or med-pay policy to see what rights you have. Many insurance companies now claim 100% of the funds they have paid and will refuse to reimburse you for the money you spent to get a recovery for attorneys fees and costs.

Another Catch-22 situation also arises where the person at fault has minimum coverages, and the bills for health care far exceed what can be recovered. In these circumstances more and more we see insurance companies trying to take all funds recovered in a settlement, even though the injured person needs additional medical care and funds to cover lost wages and disabilities.

Its a great deal for insurance companies. Injured people pay premiums. The insurance company merely temorarily pays the health care bills and then gets all of its money back at the injured person’s expense. Injured people are left without funds for future care or funds to live. Insurance companies profit.

In Court, juries are not told that the Plaintiff will have to pay all of the medical bills back to their health insurance carrier. But, juries are told by insurance defense lawyers that Plaintiffs will be over-compensated if the jury awards more than the medical bills.

If you find your self battling an insurance company over subrogation, you will need an experienced attorney to help you through this process. Call the attorneys at Klein | Frank, P.C., and we will be happy to review your situation.