Stryker Recalls Orthopedic Implant Devices Due to Packaging Problem

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Medscape reports that Stryker Corporation “is recalling 16,992 orthopedic implant devices because of the potential of damage during shipping caused by a packaging problem.” The recall includes “the rHead lateral stem and Recon radial implant, both for replacement of the proximal end of the forearm’s radius bone; the uHead ulnar implant and Sigmoid Notch radial plate, both for replacement of the distal radioulnar joint; and the Radio-Capitellum to improve elbow function,” according to the Food and Drug Administration notice.

From the news release of the American Association for Justice.

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How to Protect Your Rights in a Personal Injury Lawsuit

How to Protect your Rights in a Personal Injury Lawsuit

A personal injury lawsuit against you asserts that you were responsible for the care of the injured party, but you breached that responsibility by causing an injury to him or her. The personal injury claims are made under a negligence theory. Whether you are the plaintiff or the defendant, you need to know all your rights and how to protect them in this situation. This article explains some of the ways in which to protect your rights in such cases.

Statute of Limitations

It is important to know that there is a deadline for filing a lawsuit in a personal injury claim. This is provided for in the statute of limitations law that limits the period in which a case can be filed. This period varies in different states, depending on the jurisdiction and type of case, but the most common are the periods between 2-6 years.

This statute of limitations is a law. Therefore, regardless of the facts in the case, if the suit isn’t filed within the stipulated time, it will be time-barred.

Comparative Negligence

Comparative negligence refers to a factual defense in a personal injury case. Here, each party involved in the accident shoulders a percentage of fault based on the facts of the case. In many states, if a plaintiff bears at least 50 percent of the responsibility, they are barred from any recovery, or the amount of the verdict is reduced by the percentage of the plaintiff’s fault. Whether you are the plaintiff or the defendant, you can seek legal counsel from a personal injury law firm such as the Pritzker Law Firm.

Contributory Negligence

Contributory negligence is a factual defense that could cripple a personal injury case; it has been adopted by a few states in America. Here, any party that contributes to the accident in any way is barred from getting compensation from other concerned parties.

Failure to Mitigate Damages

In most jurisdictions, the injured party must mitigate their damages. For example, if you are injured in a car accident, you must not worsen your injuries. If you do, the amount of your recovery could be reduced. Frequently, car accident plaintiffs exaggerate injuries, fail to follow doctor’s orders or engage in activities that worsen an injury. If you’re injured, follow doctor’s orders. Also, don’t rush your recovery if you have filed a lawsuit.

When involved in a personal injury claim, either as a plaintiff or as a defendant, it is important to know your rights and get right legal representation. You need to hire a personal injury attorney who has experience in this field.

This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her three-year-old husky Snowball.

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E-Cigarette Makers Claim New Regulations Would “All But Wipe Out” the Industry

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The Hill reports that e-cigarette manufacturers are “fighting to change a provision in looming regulations for electronic cigarettes that they warn would all but wipe out 99 percent of the burgeoning industry.” The FDA has said that under its forthcoming e-cigarette regulations, products introduced after February 2007 “would have to apply retroactively for approval – a process that companies say would be prohibitively expensive.” Separately, a rider amendment to the agricultural bill that would prohibit the FDA’s Center for Tobacco Products from forcing e-cigarettes to go through the approval process “has hit a dead end in both chambers.” FDA spokesman Michael Felberbaum said “The agency sought comment on whether there are other legal interpretations of the grandfather provision that FDA should consider,” and “FDA is committed to moving forward expeditiously to finalize the rule.”

From the news release of the American Association for Justice.

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Featured Link — Asthma and Allergy Foundation

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The Asthma and Allergy Foundation site has excellent resources for those who suffer from one of these diseases. Here is an excerpt from their Educational Resources page:

AAFA is the only asthma and allergy patient organization that offers educational programs and tools for patients, caregivers, and health professionals. Use the toolbar on the left to search our catalog of educational products including programsmaterials and toolsonline resources and publications, many available in Spanish.

Or go directly to our programs for children, parents and caregiversadolescentsadults or health professionals.

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Many High-Risk Medical Devices Get FDA Approval with Only a Single Trial

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Reuters reports that a study published in the Journal of the American Medical Association suggests that many high-risk medical devices are approved by the Food and Drug Administration with a single study to support their safety and efficacy. The study analyzed all 28 high-risk devices approved through the FDA’s Premarket Approval pathway in 2010 and 2011. Of the required post-market studies for 28 devices, only six had been completed by October 2014.

Modern Healthcare reports that concerns about the approval process for medical devices “come as Congress debates new legislation known as the 21st Century Cures Act, which has been criticized for relaxing safety standards for medical devices by allowing less rigorous evaluation before approval.” The Act, which passed the House in July, “includes $9.3 billion over five years for the National Institutes of Health and $550 million for the FDA.”

From the news release of the American Association for Justice.

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Court Rules FDA Cannot Prohibit Truthful Marketing About Off-Label Uses

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There are numerous reports about a potentially seismic court ruling that affects how pharma companies discuss off-label use of their products under FDA restrictions. A Federal court held that the Food and Drug Administration cannot prevent Amarin Pharma Inc. from marketing its fish-oil product for an off-label use, so long as its claims are truthful, according to a Wall Street Journal report.

According to the New York Times, the decision “could inhibit the ability of the F.D.A. to regulate one aspect of pharmaceutical marketing.” Judge Paul Engelmeyer wrote that the agency “may not bring such an action based on truthful promotional speech alone, consistent with the First Amendment.”

Medical Marketing & Media reports that the decision “bolsters the pharmaceutical industry’s case against current off-label marketing restrictions.” Moreover, “the case has wider implications for the industry and will likely add force to ongoing efforts to change what are widely considered outdated regulations.”

The Washington Post Wonkblog reported that “the judge’s decision does require that the off-label promotion of a drug not be misleading,” adding that the decision “also opens up the question of who adjudicates whether unapproved uses of a drug are truthful.”

From the news release of the American Association for Justice.

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Featured Link — American Brain Tumor Association

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Founded in 1973, the American Brain Tumor Association (ABTA) was first and is now the only national organization committed to funding brain tumor research and providing information and education on all tumor types and all age groups. For 40 years, the ABTA has been providing comprehensive resources that support the complex needs of brain tumor patients and caregivers, as well as the critical funding of research in the pursuit of breakthroughs in brain tumor diagnosis, treatment and care.

If you have questions, or are looking for help or resources, please call our ABTA CareLine at 800-886-ABTA (2282) or send an email to: abtacares@abta.org.

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21 Healthy Habits To Do In 30 Seconds Or Less

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This wonderful advice is from the Cooper Clinic in Dallas.

  1. Apply sunscreen
  2. Take the stairs
  3. Drink water
  4. Walk to your coworker’s desk instead of sending him or her an email
  5. Take a deep breath (or two!)
  6. Get up and stretch every hour
  7. Take a vitamin D supplement
  8. Grab something for breakfast
  9. Smile
  10. Laugh
  11. Self-breast exam
  12. Self-testicular exam
  13. Call your doctor to schedule a lipid check
  14. Check your blood pressure
  15. Floss
  16. Put your seat belt on
  17. Grab a handful of nuts for a snack
  18. Do a good deed
  19. Eat a piece of fruit
  20. Do a downward dog
  21. Put on sunglasses to protect your eyes when outsideIt is never too late to make positive changes in your health and wellness routines. Remember to set small, everyday goals that are attainable and that lead into larger, harder-to-reach goals that may take more time to accomplish. Small adjustments can lead to vast improvements when it comes to your health, so have the courage to take your first step today.For more information about Cooper Clinic preventive exams and other services, visit cooper-clinic.com.
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Disability Claim Backlog At Texas VA Office Shrinks

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As reported by KWTX TV in Waco, Texas, the VA disability claims backlog there has decreased, but it’s unlikely the VA will be able to meet its goal of eliminating the backlog any time soon. Here are excerpts from the article:

The Department of Veterans Affairs’ regional office in Waco has significantly reduced its backlog of pending disability claims, which once was among the worst in the nation, but despite the numbers, it’s unlikely to reach its goal of eliminating the entire backlog by the end of the year.

The Waco Regional Benefit Office had nearly 52,000 pending claims in summer 2012.

The number has declined by 66 percent to approximately 17,000 pending claims.

The number of claims officially designated as backlogged, or pending more than 125 days, has fallen even more steeply from around 40,000 to less than 6,000.

The office used to lead the nation in backlogged disability claims, but now ranks fourth.

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Researchers Say Hundreds of Medical Devices at Risk for Hacking

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The Washington Times reports that “security researchers “at DefCon, “the world’s largest computer hacking conference,” said that “hundreds of common medical devices, ranging from X-ray machines to MRIs, have been vulnerable to attack by hackers.” They noted that “even when flaws are discovered in health-care applications…new software is routinely rolled out with those same vulnerabilities ready to be exploited.”

From the news release of the American Association for Justice.

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