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New Mexico Personal Injury Blog

Pharmaceutical companies involved in products liability case

People in New Mexico rely on their physicians to prescribe safe medication that will help heal an injury or illness. Many treatments include the treatment of pain. Opioid medications, such as Oxycontin, have been used in the treatment of pain since it was introduced in the 1990s. It is believed by some to be a contributing cause to the ongoing opioid addiction crisis that has taken thousands of lives. The first major products liability trial based on claims of responsibility for the opioid crisis is scheduled to begin soon in another state.

The trial involves three major pharmaceutical companies and their subsidiaries. Purdue is one of the major companies involved. The companies recently moved to have the trial delayed, claiming that the state was not turning over materials to the plaintiffs in a timely manner. The judge denied the request for a delay because the two sides reportedly agreed to turn over materials in an ongoing manner as preparation continued and the attorneys for the state acknowledged that this is happening.

Gout patients who take Uloric could have a higher risk of death

Using medications can help gout patients treat an acute attack and live with fewer attacks, leading to less pain throughout their life. However, not all medications are created equal.

The U.S. Food and Drug Administration (FDA) recently released a safety announcement that concluded using Uloric (febuxostat) correlates with an increased risk of death, compared to patients who took allopurinol to treat their symptoms.

Dangerous device the subject of product liability suit

As people age, medical issues can increase and become more acute in New Mexico. One danger faced by many is the risk of developing blood clots that can cause an embolism. A device, known as an intravenous filter (IVC) was developed by medical device manufacturers. One of them is Cook Medical, which has been the subject of a recently decided product liability lawsuit.

The devices have been found to be defective because they are intended to be a temporary fix that is to be removed when the risk of an embolism is lessened. The device is implanted in the vena cava, a vein that leads to the heart, to prevent blood clots from traveling to the heart or lungs and also to break up the clot. The issue is that the devices are very difficult to remove and are also prone to breaking apart with parts of the filter becoming lodged in other areas of a person's body.

Which day you schedule the surgery matters

Studies have purported that more than 4,000 surgical errors that could have been prevented happen each year. Even surgeries that seem minor can come with great risk of infection, injury and even death.

But, there is one simple way you can increase your likelihood of success and it may seem odd. Recent research has found that surgeries performed on certain days tend to have substantially higher rates of success.

Flawed prosthetics lead to product liability suit

As the American population ages, hip replacement surgery has become ever more common as the older population strives to remain active in their older years in New Mexico and across the country. The artificial joints that are used have changed and been improved upon over time. Earlier designs, created by Johnson & Johnson's orthopedic division, were found to be faulty and ended up in a product liability case. The devices were known as the ASR XL and Pinnacle Ultamet.

Two models marketed by the company did not live up to the company's marketing. The people who received the implants required revision surgeries sooner than indicated by the company's stated time frame. These surgeries led to complications, including allergic reactions, additional pain and instances of tissue necrosis.

Fatal truck accidents may stem from driver negligence

A crash has sadly taken a person's life in New Mexico. The deadly truck accident occurred along Eastbound Interstate 40. Sometimes, these types of truck accidents occur as a result of driver negligence, which is grounds for litigation.

The recent truck accident took place at around 7:45 p.m. on a Thursday. According to authorities, a semi-truck and a minimum of one other automobile were involved in the crash. The colliding motor vehicles apparently caught fire, with the fireball being visible for miles.

Burnout may be a contributing factor to medical malpractice

People entrust doctors and surgeons with their medical well-being. Surgeons in particular may literally hold patients' lives in the palm of their hands in New Mexico. The process of becoming a doctor takes years of schooling followed by a medical residency, where one is supervised by more experienced professionals. In spite of all of this training, medical malpractice remains a problem.

According to recent studies, medical errors are not uncommon in the United States health care system, and these errors have been shown to contribute to inpatient deaths. But what causes the physicians to commit the errors? While no one is perfect, a high level of proficiency is expected from doctors and surgeons.

Winter storms increase likelihood of truck accidents

Trucks on New Mexico highways can pose a threat to other drivers. When severe winter weather is added to the mix, the potential for serious truck accidents increases. Sadly, when trucks are involved, these accidents can turn deadly.

A recent spate of storms across the state has resulted in numerous accidents. One accident near Albuquerque resulted in the death of a person who had stopped to assist a police vehicle that had been hit by a tractor trailer while the officer was investigating a previous crash. The person who stopped to help was a tow truck driver who was offering to help clear the prior accident.

Holiday distractions can contribute to truck accidents

The holiday season is in full swing, which brings with it the holiday shopping season in New Mexico. As shoppers flood the stores, inventory is ramped up and our nation's truck drivers strive to meet the increased demand for the cargo they carry. This can lead to added hours to an already fatiguing job, sometimes resulting in tragic truck accidents.

One morning in late November an accident involving a tractor trailer and multiple passenger vehicles occurred. The accident happened on U.S. 62/180 near Carlsbad. The tractor-trailer driver failed to notice that traffic had slowed to allow for construction work in the road ahead. The truck driver was unable to slow in time and crashed into five vehicles.

Breast implants expose FDA product safety flaws

For a decade, makers of breast implants were required by the U.S. Food and Drug Administration to report issues with their medical devices in bulk – one report standing in for thousands of cases.

That’s why until the fall of 2017, the FDA saw only about 200 complaints annually about breast implants. But the Associated Press reports that in mid-2017, the FDA instructed breast implant manufacturers to file individual complaint reports. That’s when the number of complaints jumped from about 300 in all of 2016 to more than 4,000 in the second half of 2017 and more than 8,000 in the first half of 2018.

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