A Concerning Letter from Johnson & Johnson: TVM and Your Safety

As far back as 2007, Johnson & Johnson had been warned by the Food and Drug Administration (FDA) to discontinue marketing its Gynecare Prolift® transvaginal mesh (TVM) implant. The vaginal mesh is a device used to treat stress incontinence. Women who have this condition must contend with involuntarily bladder leakage brought about by weak uterine wall muscles. The urine discharge usually occurs when affected women sneeze, laugh or engage in a similar activity that uses these muscles in the body. Several manufacturers in addition to Johnson & Johnson have created vaginal meshes that have had serious side effects for women.

Continuing sale in spite of FDA warning

When Johnson & Johnson received the letter of reprimand from the FDA, it chose to ignore it and continued to sell these defective products for another nine months. When the company did finally discontinue producing and selling the Gynecare Prolift vaginal mesh implant, it was due to declining profits and not concern over women’s health risks. Unfortunately, the FDA lacked the power to sanction Johnson & Johnson for deliberately defying the mandates of its reprimand. However, the FDA did issue a warning to all users of the transvaginal mesh in June of 2011. This warning was prompted by complaints about numerous other manufacturers and different types of mesh slings.

Phillips Law Offices in Chicago is available to evaluate your claim if you have been injured by a defective transvaginal mesh product. There are several possibilities for claims, including manufacturing and design defects, failure by manufacturers and doctors to warn women of the risks, and more. Our team of experienced medical malpractice lawyers focuses on TVM cases, and we thoroughly research the facts in your case in order to determine whether a product liability lawsuit can be filed on your behalf. It is our goal to get you the compensation you need to cope with added medical expenses and unnecessary pain and suffering.

When Improper Medical Treatment Warrants a Call to Your Lawyer

A study published by the Institute of Medicine reports that 98,000 people die every year from medical negligence. Medical malpractice is strictly defined by the law as providing medical care that does not meet professionally accepted standards or acting negligently by failing to provide the proper care.

Medical malpractice lawsuits are accepted and filed by experienced attorneys after the information has been vetted through several steps. The first of these steps is determining whether medical malpractice was the cause of the injury. If you have experienced any of the following situations, then it is in your best interests to discuss your case with a medical malpractice attorney.

Extended delay in diagnosis

Doctors should be able to perform an accurate diagnosis within an acceptable timeframe. If your doctor does not diagnose your medical condition in a timely manner, then it may progress and cause injuries or symptoms that could have been avoided.

Improper diagnosis

The medical community grants that some conditions are very difficult to diagnose, but all other possibilities must be rejected before a diagnosis is accepted. If your condition is diagnosed incorrectly, you could be given the wrong treatment.

No warning of procedural risks

Most treatments and diagnostic procedures are not without risks. However, patients have a right to be informed of all the known risks and options. Failing to provide such a warning is known as negligent nondisclosure, and doctors can be held liable for injuries if patients do not have this information before consenting to treatment.

Improper treatment

Doctors are required to follow currently accepted treatment procedures. Using outdated or otherwise improper procedures means that you are not receiving care on par with medical standards.

Mistakes by healthcare professionals

Many mistakes made by doctors and other healthcare professionals could have been avoided by adhering to the proper procedural standards and checking twice before performing any treatment.

A Scary New Trend: Dental Malpractice

As if medical malpractice wasn’t enough to worry about, dental malpractice is also becoming a widespread problem. ABC News recently brought this issue to the public’s attention by the grandmother of a young girl who died as a result of dental treatment. The cause of her death was an unsafe level of sedation before a dental procedure, a practice that is apparently growing. Some unscrupulous dentists are motivated by the extra money they can charge by administering more sedation than the patient requires. To date, 12 children have died at the hands of greedy dentists who gave them more sedation than their bodies could handle.

Insufficient training on dental sedation

There is an entire training industry that promises current and future dentists that they can quickly learn how to sedate patients. In the worst cases, this training was offered over the course of just one weekend. Fortunately, there are far more ethical dentists than unethical ones. These are the professionals who are pushing for legislation that requires more extensive training in order to keep children safe during dental procedures that require sedation.

If you or your child incurred serious injuries as a result of a trip to the dentist, Phillips Law Offices in Chicago can help. We assist clients in the Chicago area and beyond get their lives back together after a case of serious dental or medical malpractice. Some of the other dental malpractice cases that we are familiar with include failure to diagnose or treat oral cancer; permanent injuries to the jaw, teeth or tongue; infections following dental surgery and more. Our attorneys hold your dentist responsible for malpractice and work to get you the compensation you deserve.

How to Know If You Have a Case for Medical Malpractice

Of all types of personal injury cases, medical malpractice can be one of the most difficult to prove. The burden of proof is entirely on the patient to show that the doctor had a duty to treat him or her and failed in that duty. Medical malpractice is also subject to the professional liability standard, which means that the actions of the treating doctor are measured against someone who has similar training and experience. If that doctor would have behaved in the same manner, you may not have a case. You should also keep in mind that a poor outcome for a medical treatment or procedure doesn’t automatically mean that medical malpractice was committed.

Although medical malpractice takes many forms, the following are the most common:

  • Failure to diagnose a condition that another doctor would have diagnosed
  • Surgical errors, such as operating on the wrong body part
  • Improper diagnosis
  • Birth injuries and defects caused by incompetence
  • Pharmaceutical errors
  • Dental malpractice
  • Lab and test result errors

While these mistakes can happen in seconds, they have the ability to impact you for the rest of your life. Mistakes by doctors, nurses, anesthesiologists and other medical professionals end up killing nearly 100,000 people every year.

Phillips Law Offices in Chicago has more than 65 years of experience assisting victims of medical malpractice get the compensation they deserve. Our lawyers interview expert witnesses and do whatever else is necessary to prove that your injuries happened the way you said they did. Attorney Stephen Phillips is the head of the Medical Negligence Committee of the Illinois Trial Lawyers Association and is eager to put his experience to work for you. We invite you to contact our office to schedule a free case evaluation as soon as possible.