Damages

Published on: October 3, 2016

FDA steps in to ensure that patients understand the risks of Essure Permanent Birth Control after documented side effect complaints

In 2002, the U.S. Food and Drug Administration (FDA) approved the Conceptus Inc., a subsidiary of Bayer since 2013, manufactured Essure Permanent Birth Control System. The contraceptive is marketed as the “only permanent birth control you can get with a non-surgical procedure.” Furthermore, a focal marketing attribute of Essure is that the procedure is quick, most times only lasting approximately 10 minutes and can be executed without the need for any anesthesia. Also, the procedure is done with no need for incisions during the entirety of the process. The procedure consists of implanting a small flexible coil, that reaches 1.5 inches once implanted and expanded. The doctor implants the coil through the cervix and vagina ultimately positioning it at the entrance of each fallopian tube.

According to a clinical study, produced by the makers of the birth control system, Essure was allegedly shown to maintain an almost perfect percentage of effectiveness in preventing pregnancies. Although, many of the women that have used Essure would strongly disagree as well as complain about the various side effects they have suffered from having the procedure.

Since the product’s existence there have been around 10,000 documented complaints due to ineffectiveness and various side effects, even multiple deaths, related to Essure. The side effects, include but are not limited to, are:

Published on: August 19, 2016

Initial Settlements for the Amtrak Pennsylvania Derailment Victims

by Naumes Law

On May 12, 2015, a devastating derailment of a Pennsylvania Amtrak train occurred. The Amtrak train was occupied by a little over 240 people when the accident transpired. The derailment ensued while the train was traveling at over double the intended speed limit as it approached a curve. Also, the derailment occurred while the engineer responsible for driving the train was reportedly (according to the National Transportation Safety Board) distracted by radio traffic.

Of those on board, approximately 200 people sustained injuries and eight individuals were killed as a result of the Amtrak derailment.

Subsequently, several lawsuits have been brought by the passengers and employees of Amtrak that were negatively affected by the May 2015 derailment of the Pennsylvania Amtrak train. Currently, Amtrak is in the settlement process and, in a couple of those lawsuits, Amtrak has agreed to settlement terms with those that have brought suit.

Published on: August 10, 2016

Backseat Crash Test Dummies Allow for Advanced Testing Vehicle Safety

by Naumes Law

With the present day evolution of transportation vehicles coupled with the steady use of transportation services, a shift towards focusing on the backseat car passenger’s safety is of the upmost concern. Transportation services and ride sharing applications, such as Uber or Lyft, have contributed to the necessary focus and advancement in back seat passenger safety. The emphasis of backseat safety is substantially due to the overall increase of backseat passengers that are becoming more and more popular in today’s society. In order to further progress in the area of backseat safety new testing techniques and standards are being put into place.

In the forefront of these safety testing techniques is the use of crash-test dummies in the backseats of vehicles during safety testing. The National Highway Traffic Safety Administration (NTSA) plans to use the backseat crash-test dummies as a means of furthering backseat safety procedures and collecting valuable safety data. Previously, the NTSA only used crash-test dummies in the driver and front passenger’s sides during safety testing.

Beginning in 2019, the NTSA plans to start using the backseat safety crash-dummies and the information gathered from the backseat safety crash-dummies as a part of their overall 5-Star Safety Ratings Program. This approach will allow for a new form of gauging the vehicle’s total safety, not only on the driver and front passenger areas as in the past safety testing strategies.

Published on: August 10, 2016

Statute Based Restriction on Total Damage Amount for Single Railroad Accidents May Not Allow for Adequate Victim Recovery

by Naumes Law

When a train accident occurs the damage can be devastating and have a lasting impact on all those involved. Many times the victims are left with overwhelming medical expenses and other expenditures related to the accident as a result. After an accident the sufferers must be made whole again, but due to the regulated maximum amount in which Amtrak is allowed to compensate the collective victims of a single train accident it may leave victims in need of more.

In 1997, the Amtrak Reform and Accountability Act (“the Act”) was passed by legislation to control the amount that Amtrak could be found liable in a single train accident lawsuit. According to the Act, legislation capped the “aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.” This tort reform is attached collectively to all victims of single railroad accidents, regardless of the total number of suffering parties seeking damages in the given lawsuit. When the Act was established, the aim of the provision was to ensure that railroad processes would be able to maintain operations during periods of substantial lawsuits against their company.

Unfortunately, the capped amount is not allowing for adequate compensation to all victims of railroad accidents. The federal limit cap does not account for inflation, dating from approximately two decades ago as it was enacted by Bill Clinton while in office. Also, because of the pre-established amount of $200 million the victims and their families are not afforded the opportunity to use the judicial system and its procedures to determine the appropriate amount for their total suffering. Families are finding out that the 1997 provision is not allowing for enough reparation to ensure the expenses produced by the train accident can be paid in full, such as medical expenses and lost wages, because the statute sets the firm limit at $200 million.