Playground Injuries, Supervision Negligence and Failure to Witness Injuries: Who’s Responsible?

Children of all ages enjoy playing on playgrounds, and parents have a reasonable expectation that kids will be safe when doing so. Part of these safety expectations involve ensuring that children are properly supervised during playtime. One of the questions that’s frequently asked involves whether or not a failure to witness an accident constitutes negligence. The answer largely depends on whether that supervision would have been reasonable under the circumstances.

Duty of Care

Childcare providers have a duty to provide reasonable supervision for kids when they are playing outdoors. As a part of this supervision, individuals should ensure that there is an adequate adult-to-child ratio so that watching kids on a playground will not be too overwhelming. As such, caregivers who manage too many children at one time could be liable for damages. A few other instances in which negligence may occur include:

  • Child care workers who are distracted or not paying attention
  • Allowing children to engage in activities that are not age appropriate
  • Older children being permitted to play with younger children whenever doing so would be unsafe

Reasonable Person Standard

In determining negligence, courts typically use what is known as a “reasonable person” standard. In doing so, they will try to determine what a reasonable person would have done under the same circumstances, and then look at the actions of the accused. If it appears an individual did not take reasonable precautions, he or she could then be viewed as negligent, and subsequently be liable for any damages that occur. As such, the decision as to whether or not a caregiver was negligent by failing to witness an accident will largely depend on whether he or she could have reasonably been expected to do so.

Types of Possible Playground Injuries

Some playground injuries, such as scrapes and cuts, are relatively minor ones that are expected for this type of activity. Others should never happen, such as is the case with:

  • Traumatic head injuries
  • Broken bones
  • Back injuries
  • Serious lacerations

Legal Actions to Take after an Accident

After a playground accident that is unwitnessed, every effort should be made to determine the cause of it as soon as possible. This should be done not only to determine negligence, but also to prevent other children from sustaining a similar accident in the future. Only after a reasonable investigation has been done will parents of injured children know whether they have a remedy available to them under law.

If your child has been injured on playground equipment, then it’s important you contact a professional legal representative. Schedule a free case evaluation and call 713-222-1222 today.

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Girl Who Lost Her Toe Go-Carting Wins $1.5 Million Verdict

Girl Who Lost Her Toe Go-Carting Wins $1.5 Million Verdict

Guy W. Crabtree of Pulley Watson in Durham, NC and D. Brooks Hundley, Esq. of Hundley & Johnson in Richmond, VA won a $1.5 million verdict on behalf of their client. Their client is a 9-year-old child who lost her toes at Adventure Landing amusement park after a go-cart ran over her left foot.

The girl’s go-cart got stuck against the rail of the track, and no one was paying attention. When no one came to come help her, she got out of the cart to free herself, and another cart ran over her foot.

The victim suffered a de-gloving injury on the front of her foot and had severely broken and misplaced toes. Doctors tried to save the plaintiff’s toes but the tissue had died. The only option was to amputate the toes and graft skin from her thigh to cover the front of her foot.

The defense relied heavily on the warnings for the drivers to stay in the carts. The plaintiff’s attorneys argued that track was negligent for failing to monitor all sections of the track.

For more information, visit http://www.medivisuals.com/justice-report.aspx.

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XXX Child Poisoning XXX – Signs Your Kid Has Been Poisoned

The number of harmful substances a child can get into in a home is nearly limitless. Add to this the fact that children are naturally curious, and it’s easy to see why half of all poisoning cases in the United States involves patients who are six years of age or younger. It’s important for parents to know what the signs of poisoning are so that treatment can be given right away. A few common signs of poisoning are:

  • Difficulty breathing
  • Convulsions
  • Chemical burns on the face, lips or mouth
  • Severe throat pain
  • Drooling
  • Vomiting and stomach pain
  • Extreme drowsiness

In addition to these symptoms, a child may exhibit a foul or unusual odor after coming into contact with harmful chemicals. There could also be a chemical residue found on a child’s clothing. In some cases, parents discover poisoning has occurred after finding a container out of place or one with spilled contents.

Actions after Poisoning

If poisoning is suspected, help should be sought immediately, even if the symptoms appear to be relatively minor. That’s because a child’s condition can quickly change, and the sooner help is sought, the better the odds of recovery are. The first step should be to call the Poison Control Center at 800.222.1222 and provide as much information as possible. Some of the things the Poison Control Center may need to know include:

  • What was swallowed or ingested
  • Approximate amounts taken
  • When the poisoning occurred
  • Age, gender and weight of the child

Visiting the Emergency Room

Staff members at the Poison Control Center will sometimes recommend visiting an emergency room for treatment. When taking a child to an emergency room, it can be helpful to take the substance that was swallowed along, as this may help with determining what treatments to give. Parents should not try to determine on their own what toxin is responsible, as this could result in the wrong treatment being given.

When Negligence is Suspected

Childhood poisoning sometimes happens whenever other people are negligent in storing hazardous substances. Day care centers, preschools and child enrichment programs must all take reasonable precautions to keep children from accessing cleaning supplies or other chemicals, and could be held liable for damages if they fail to do so. Parents of children who are poisoning victims should try to determine the cause of it, as they could have a remedy available to them under law if somebody was negligent. The best way to determine this is to hire an injury attorney who can review your case. To get justice for your child, call 713.973.1300 and schedule a free case review today.

Child Poisoning – Signs Your Kid Has Been Poisoned

The number of harmful substances a child can get into in a home is nearly limitless. Add to this the fact that children are naturally curious, and it’s easy to see why half of all poisoning cases in the United States involves patients who are six years of age or younger. It’s important for parents to know what the signs of poisoning are so that treatment can be given right away. A few common signs of poisoning are:

  • Difficulty breathing
  • Convulsions
  • Chemical burns on the face, lips or mouth
  • Severe throat pain
  • Drooling
  • Vomiting and stomach pain
  • Extreme drowsiness

In addition to these symptoms, a child may exhibit a foul or unusual odor after coming into contact with harmful chemicals. There could also be a chemical residue found on a child’s clothing. In some cases, parents discover poisoning has occurred after finding a container out of place or one with spilled contents.

Actions after Poisoning

If poisoning is suspected, help should be sought immediately, even if the symptoms appear to be relatively minor. That’s because a child’s condition can quickly change, and the sooner help is sought, the better the odds of recovery are. The first step should be to call the Poison Control Center at 800.222.1222 and provide as much information as possible. Some of the things the Poison Control Center may need to know include:

  • What was swallowed or ingested
  • Approximate amounts taken
  • When the poisoning occurred
  • Age, gender and weight of the child

Visiting the Emergency Room

Staff members at the Poison Control Center will sometimes recommend visiting an emergency room for treatment. When taking a child to an emergency room, it can be helpful to take the substance that was swallowed along, as this may help with determining what treatments to give. Parents should not try to determine on their own what toxin is responsible, as this could result in the wrong treatment being given.

When Negligence is Suspected

Childhood poisoning sometimes happens whenever other people are negligent in storing hazardous substances. Day care centers, preschools and child enrichment programs must all take reasonable precautions to keep children from accessing cleaning supplies or other chemicals, and could be held liable for damages if they fail to do so. Parents of children who are poisoning victims should try to determine the cause of it, as they could have a remedy available to them under law if somebody was negligent. The best way to determine this is to hire an injury attorney who can review your case. To get justice for your child, call 713-222-1222 and schedule a free case review today.

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Shaken Baby Syndrome: What’s Going to Happen to Your Baby?

Shaken baby syndrome is a medical condition that occurs whenever an adult forcefully and violently shakes an infant or toddler. When a very young child is forcefully shaken, the brain hits against the skull because there is less cushioning available. This can cause serious injury or even death. A few of the side effects of shaken baby syndrome include:

  • Severe bruising
  • Bleeding around the head area
  • Retinal bleeding or damage
  • Neck or spinal cord damage
  • Fractured bones

Long-Term Effects

Children who are violently shaken may wind up with long-term or even permanent disabilities, provided they survive at all. The younger a child is when he or she is shaken, the greater the likelihood of serious injuries are. A few of the long-term effects of shaken baby syndrome are:

  • Brain damage
  • Learning disabilities
  • Paralysis
  • Hearing or vision loss
  • Seizures
  • Speech difficulties

How is Shaken Baby Syndrome Diagnosed?

Those who cause injuries to a child by shaking rarely admit to this when bringing an infant in for treatment. As a result, doctors who suspect shaken baby syndrome may need to perform additional tests or x-rays in order to confirm a diagnosis. In some cases, Child Protective Services may be asked to investigate an alleged incident as well. Parents may sometimes observe that their child is lethargic, has a loss of appetite or is unusually irritable. A baby can also be unable to lift his or her head or focus on an object for an extended period of time. If there is reason to believe a child has been shaken, medical attention should be sought immediately.

Sobering Statistics

According to information from the Pediatric Academic Societies, the number of infants suffering from shaken baby syndrome is on the rise. This organization estimates that there are between 1,200 and 1,400 cases of SBS each year, resulting in the death in one out of every four children who are affected. Young boys are shaken more often than girls are, with the perpetrator also being male in about 80 percent of the cases. Children who come from economically disadvantaged homes are also at a greater risk as well.

Civil and Criminal Penalties

While parents are sometimes responsible for shaken baby syndrome, it sometimes happens at the hands of caregivers as well. Responsible parents may pick up their infant from a childcare provider, only to find that unspeakable acts have been committed during their absence. Perpetrators of SBS can face criminal sanctions, and may also be sued in a court of law for damages. Parents whose child has been a victim can speak with a personal injury attorney in order to assert their rights. If you or a loved one has a child who has been injured, then call 713-222-1222 and schedule a free case evaluation for legal representation.

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Summer Camp Injuries: Is Your Camp Responsible?

Summer camps house a large number of children, not to mention the fact that they often revolve around physical activity and outdoor adventure. As a result, summer camp injuries happen quite often. Most of these injuries are relatively minor cuts, sprains and bruises, but occasionally children will wind up with more serious ones such as broken bones, concussions or even brain injuries. When this happens, most parents are left wondering who is responsible for the injuries.

Duty of Care

Operators of summer camps have a duty of care to provide a safe environment and proper supervisor for children. When camp managers fail to do these things, they can be considered negligent in a court of law. Some of the things a summer camp is expected to do are:

  • Ensure there is an adequate ratio of staff to campers
  • Inspect the facilities for hazards on a regular basis
  • Maintain equipment in proper working order
  • Provide proper training for staff members who oversee certain activities such as horseback riding or rock climbing
  • Give safety briefings to campers when appropriate
  • Ensure that children are divided into the appropriate group based on age or skill level when performing strenuous activities

Physical or Sexual Abuse

In addition to summer camp accidents, children sometimes unfortunately become the victim of physical or sexual abuse during their stay. This could result not only in civil penalties, but criminal ones against the perpetrator as well. Camp directors could be held liable for negligent hiring practices if they failed to perform the proper screenings ahead of time or refused to take action when similar incidents occurred in the past.

Preventing Summer Camp Injuries

The best thing that you as a parent can do is to find out as much as you can about a summer camp before enrolling your child in it. Talk with other parents whose children have attended this camp in order to find out what it is like. Visit the camp in person, and take a tour of the facilities to ensure they are well maintained. Find out about hiring practices, and meet your child’s counselor in person if possible.

By taking these precautions, you can help reduce the odds that your child will be injured while at summer camp. If he or she suffers an accident anyway, you should first ensure the proper medical attention is rendered before speaking with a personal injury attorney who can advise you of your rights.

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Transvaginal Mesh Risks & Lawsuits

Many elder women begin to face issues such a pelvic organ prolapse (POP), which can happen years after undergoing childbirth, a hysterectomy or menopause. POP is a condition where the pelvic muscles weaken over time, causing vital organs like the uterus, the bladder or the rectum to fall down into the vaginal area. As a solution to this problem, many doctors began to implant a hammock-shaped piece of vaginal mesh to hold organs in place and to support the vaginal wall.

Risks & Problems

Over the years however, many Transvaginal mesh complications have risen and studies have shown that the procedure can actually cause more risks and problems than without the vaginal mesh. Back in 2008, the FDA issued a warning stating that women who underwent Transvaginal Mesh revision surgery were not properly informed on the possible risks and health hazards. The FDA then release another warning in 2011, stating that the injuries were no longer rare, they were in fact common.

The manufacturing companies that produce Transvaginal Mesh have now been ordered to conduct safety studies. In the past, mesh was successful in repairing hernias so many just assumed that it would for vaginal repairs as well. Unfortunately the mesh was never tested for this purpose and it is has come to light that vaginal mesh can actually cause severe and painful complications. A study conducted by the FDA showed that in most cases, the vaginal mesh contorts and/or shrinks after it is implanted which can cause severe pain, especially during intercourse.

Of all mesh surgeries, vaginal mesh implants are by far the most dangerous because the sharp edges of the mesh have been known to cut through surrounding organs including the bladder and the vaginal lining. Vaginal mesh is also responsible for many cases of organ perforation, infection, internal bleeding, prolapses, neuromuscular problems and vaginal scarring. Studies have also been conducted which show that vaginal mesh does not actually cure the symptoms of pelvic organ prolapse, so the surgery is not repairing the original problem but actually creating larger problems. Medical experts even go as far to say that complication with this product are inevitable.

Thousands of Lawsuits Filed

In 2010 alone, there were 75,000 Transvaginal Mesh surgeries. Out of that number, more than 10% of the surgeries failed. In fact, many women have to undergo a number of revision surgeries to fix the problems that the first surgery caused. Removing all the mesh is not always possible in some cases and it can be in fact very painful because the skin grows in and around the mesh over time. Vaginal mesh complications and recalls date all the way back to 1990 and have grown to this day. Now there are thousands of lawsuits that have been filed as a result of Transvaginal Mesh injuries. Between the years of 2008-2010, thousands of injuries were reported and even seven deaths caused by the mesh product.

Countless lawsuit cases against the five manufacturing companies: American Medical Systems, Boston Scientific Corp., Johnson & Johnson Ethicon, Bard and Coloplast, are being consolidated into multidistrict litigation (MDL) because many encompass the same injuries & characteristics. If you or a loved one has experienced serious complications and injuries from Transvaginal Mesh surgery, then you have the right to pursue fair compensation. You may be able to recover restitution for any pain and suffering, time away from work, medical expenses, future medical treatment and even your overall reduced quality of life.

Here at Mukerji Law Firm, we can help you maximize your injury claim and help recover the full amount of compensation that you are legally entitled to. Contact our Houston personal injury attorneys today for a free consultation!

FDA Issues Warning About Complications With Transvaginal Mesh

Many women, who suffer from Pelvic Organ Prolapse (POP) or Sudden Urinary Incontinence (SUI), are looking for non-invasive treatments to cure their condition. The modern resolution that doctors have been proposing is for them to have Transvaginal Mesh implants. This is a small surgical procedure where they insert a woven fabric of surgical mesh and they implant it into the patient in hopes to reinforce the vaginal wall.

Unfortunately, many of those women who underwent to the procedure are no experiencing much larger problems that those that they sought out to treat in the first place. The FDA has issued a warning regarding Transvaginal Mesh and has also encouraged doctors and surgeons to encourage all other possible treatment options and to clearly inform patients of the many risks and potential dangers that surgical mesh can cause. Once mesh is implanted into the patient, the complications could be semi-permanent- removing all of the mesh may be impossible and it still could not resolve all the issues.

Compensation

Many different companies produce Travsvaginal Mesh products including Bard, Boston Scientific, Johnson & Johnson, Mentor OB tape and American Medical Systems. Now that the many problems and patient complications are rising to the surface, these companies may now be liable for any damages or injuries that their product may have caused. Besides restitution for pain and suffering, loss of wages and medical expenses, these companies could also be responsible for paying for future surgeries to resolve the complications and any long-term quality of life difficulties.

Symptoms & Side Effects

Most women that had the surgical mesh implanted are now suffering with complications far worse than SUI or POP. The main side effects of the Transvaginal Mesh product have been reported as:

  • Kidney infection
  • Bladder/Urinary Tract infection
  • Blood infection
  • Vaginal Epithelium (erosion of the lining)
  • Internal bleeding
  • Vaginal pain
  • Breach/split of the bladder, blood vessels or the bowels
  • Worsened cases of POP or SUI

Hundreds of lawsuits are being filed against the drug companies who manufactured this product and caused such severe Transvaginal Mesh injuries. If you or someone you love is now suffering with complications from this procedure, then you need trustworthy legal guidance on how to file a vaginal mesh lawsuit against the responsible parties. Since so many cases have come to light, these class action lawsuit claims may be worth a large sum of money. Our Houston personal injury attorneys here at Mukerji Law Firm, LLP can protect your rights at trial and seek justice on your behalf. Our experienced trial lawyers enjoy representing the little guy while going after the big guy. If you have been injured as a result of Transvaginal Mesh, contact our Houston office as soon as possible and learn how much your claim could be worth.

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Mirena IUD Lawsuits On the Rise

Since the release of Bayer Inc.’s Mirena IUD product, there has been uproar in legal and medical controversy over all the dangerous side effects that are associated with it. The Mirena IUD is essentially an intrauterine contraception device that acts in place of birth control. It is directly inserted through the vagina and into the uterus. Bayer has been accused of using deceptive marketing tactics by telling women that they would “look and feel great,” and have an increased level of intimacy with their spouse or partner. This idea of an improved lifestyle tricked many women into trying the product, yet many were unaware of the numerous health risks and dangers that it can cause to users.

Today, nearly 160 million women use the IUD as their primary source of birth control. Many of the users already have children and use this product to avoid getting pregnant again and the pill is just too inconvenient with their busy lives. In 2009, the FDA issued a Warning Letter informing users that Bayer had withheld important information from the public about the risky side effects. Since then, the FDA has received an alarming number of complaints from women who are using the Mirena IUD device. Even now however, around half of the physician s and M.D.s are unaware of the risks associated with the IUD product.

Many women have come forward sharing that they have experienced painful side effects allegedly caused by the Mirena IUD. One of the most alarming side effects is many women who have become pregnant while using Mirena have either suffered a miscarriage or have given birth to children with birth defects. Since then many law firms have dedicated special hotlines for women to call in if they believe they could be entitled to compensation for the conditions that they suffered because of the IUD. If you are looking for answers on how to file a lawsuit to obtain restitution for your injuries, then you have come to the right place.

Here at Mukerji Law Firm we represent women in Houston and all throughout Texas, you have experienced harmful side effects allegedly caused by Mirena. There are countless other Mirena IUD lawsuits that are in the beginning stages in several other states throughout the U.S. and it is estimated that claim against Bayer may be worth a significant amount of money. It has been reported that in New Jersey alone there are already 16 lawsuits filed against the maker of Mirena IUD, some of those cases include uterus perforation injuries. If you feel that your injuries and harmful side effects have been caused by the Mirena IUD, then please do not hesitate to contact a Houston injury attorney from our firm today. We can help file a lawsuit on your behalf, call today for a free case evaluation.

The Negative Side Effects of Using a Mirena IUD

Are you aware of the many potential lawsuits on the rise on behalf of all the women that use the Mirena IUD. It has been found that the developer of the IUD, Bayer Inc., was deceptively marketed the product so that the users were unaware of any potential health risks associated with the product. The Bayer Company marketed the product to busy moms who need to find a way to simplify their life with this intrauterine contraceptive so they would not have to worry about birth control any longer. It was also marketed to women who have recently given birth and are having problems with heavy menstrual bleeding. In order to do this, Bayer came up with the idea to for a direct marketing program where they held Mirena house parties, hosted by different mom members throughout the community. The slogan for the campaign was for women to “look and feel great,” while also increasing intimacy between them and their partners or spouse.

The FDA later released a warning letter in December of 2009, regarding Bayer’s implication that the product will increase the level of intimacy. The warning letter went into detail about how their claims could not be proven and there are misleading women into believing that it will improve romance and emotional satisfaction, when there is no proven efficacy that Mirena enhances those areas. The FDA agency also went on to say that they Bayer has omitted many of the health risks and potential dangers, leaving women unaware of the many dangerous side effects.

Some of the negative side effects and complications that they have found with Mirena IUD users are very serious and some are even life threatening.

Some of the main injuries and complications stemming from the Mirena product include:

  • Uterine perforation
  • Cervix perforation
  • Pelvic inflammatory disease
  • Ovarian cysts
  • Irregular bleeding
  • Amenorrhea
  • Ectopic pregnancy
  • Embedment of the device in the uterine wall
  • Intrauterine pregnancy
  • Vaginitis
  • Pelvic pain
  • Breast tenderness

The perforation was found to develop in women either at the time of insertion or after insertion, according to Health Canada. In cases with women who have become pregnant while using the Mirena IUD, many have suffered miscarriages or have experienced problems with fertility.

The attorneys at Parker Waichman LLP, who specialize in medical devices, are looking further into the connection with Mirena and other side effects. They are looking specifically into the correlation of Mirena and the following cancers:

  • Breast Cancer
  • Uterine Cancer
  • Ovarian Cancer
  • Thyroid Cancer
  • Colon Cancer
  • Cervix Cancer
  • Endometrial Cancer
  • Prostate Cancer
  • Rectal Cancer
  • Anal Cancer
  • Bladder Cancer
  • Gastric Cancer

If you or someone you know has used or is currently using Mirena IUD because of the supposed promises of increased intimacy and an improved lifestyle, and you were unaware of all the potential health risks and side effects, contact a Houston personal injury attorney at once. At Mukerji Law Firm, we can help you hold Bayer Inc. accountable for their deceptive marketing and any injuries that you may have suffered. If you are currently suffering from uterine perforation or any of the above side effects, it is important that you are aware of your legal rights. We can help explore all of your legal options to help you make an informed decision on the matter. Many other women are now noticing the dangerous side effects and some have even come close to losing their lives and are now filing lawsuits against the maker of Mirena IUD. Bayer hid the truth about the dangerous side effects and they can be held accountable for their actions. Call our office today to schedule a free case evaluation so we can discuss your case!