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Articles Posted in Counseling

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Failed Medical Devices Deprive People of Vitally Important Exercise

I was reading an article about the latest study touting the benefits of exercise. It was stunning. The study involved analyzing the brains of two groups of mice: one group in a cage with an exercise wheel; the other in a cage without the wheel. Researchers watched the mice for…

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Seven Actions You Should Take If You Have An IVC Filter Implant

Approximately 250,000 people have an IVC filter implanted each year. Each time it captures a blood clot and prevents it from moving into the heart or lungs, it is a great thing. Unfortunately, IVC filters often cause other health problems, sometimes as serious as the conditions they were designed to…

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The Criminal Pursuit of Profit: Device Company Execs Accused of Fraud

Profits can lead corporations to take dangerous risks. In the medical device industry, it can mean that a company decides to rush a product onto market without proper clinical testing. Or it could mean the company goes too far in promoting a product for “off-label use.” Sometimes, the pursuit of…

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Your Product Liability Case and the (Dreaded) Statute of Limitations

The statute of limitations can be the strongest defense a product manufacturer will bring to defend itself and avoid paying money in a product liability lawsuit. It can be deadly to your medical device or drug case. The problem is, determining the proper deadline to bring your lawsuit is rarely…

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My Challenge to Medical Device and Drug Companies: Put Me Out of Business!

I don’t drink the Kool-Aid. I distrust simple answers, group-think, zealotry. I can’t stand when people make sweeping generalizations about the absolute evil of one side and the unconditional good of the other side. I don’t usually spend much time with plaintiffs’ attorneys who think every corporate decision is an…

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What Costs Must Be Paid From My Product Liability Settlement?

I just spent a few days in Charleston, South Carolina. As always, I was mystified at all the different ways the hotel charged me for one room. There was of course the room charge (I was expecting that) but there were also daily parking fees, and taxes, taxes, taxes: state…

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Paying Your Bills While Your Product Liability Case Is Litigated

I get it.  When you get injured, you almost immediately begin to worry about money.  It is completely rational.  If my client is a car salesperson and has severe pain after standing for more than an hour, he may worry that his failed artificial hip surgery could cause him to…

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Paying Medical Bills As Part of Your Product Liability Case

“How am I supposed to pay all these medical bills?” This is usually one of the first questions I get from people injured by a failed medical device. Typically a failed device like a hip or knee causes all kinds of health problems for a person.  Often a revision surgery…

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Five Important Ways You Will Participate In Your Product Liability Lawsuit

I have never met a client who “likes” lawsuits.  Frankly they stink. Lawsuits are difficult, invasive, frustrating, potentially embarrassing exercises.  And litigation is slow—a lawsuit against a medical device maker can take a year or two or longer to resolve, and if the case goes to trial, it can take…

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