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Personal Injury Blog

When Man’s Best Friend is Not at His Best

Thursday, October 25, 2018

Denise Gottron attorneyFor many years, Maryland adhered to the one bite rule. In other words, dogs got one free bite. Thereafter, the owner was on notice that the dog had a vicious propensity. In 2014, dog bite laws were overhauled. Per MD Ann. Code, Cts. & Jud. Proc. Section 3-1901, if a dog is “running at large” when it attacks or bites, the owner may be held strictly liable for the injuries and damages caused by the dog. What this means is that the injured party does not have to prove that the dog owner was negligent or at fault. In other situations, when the dog is not “running at large”, there is a “rebuttable presumption” that the owner knew or should have known that the dog had vicious or dangerous propensities. Dog-related injuries may also be considered under common law rules of negligence. To recover, an injured party would have to show that the dog owner’s lack of reasonable care caused the dog bite or other injury resulting from the dog’s behavior.

Dog owners may have several defenses to dog injury claims. Contributory negligence refers to situations in which the injured person may have caused or contributed to the injury. For example, if the injured party was teasing or poking at the dog there is an argument that the dog was provoked. In Maryland, if the injured party is found to be at all responsible (even 1%) for the injuries, recovery for the injured person is completely barred from any recovery. Maryland law also provides that if one is a trespasser, on another’s property without permission, and is bitten or attacked by a dog, compensation for injury caused by the dog may be barred.

Click here to learn about other Personal Injury cases we handle. Contact us if you have any questions at 301-670-7030.

Do you or someone you know use an Essure birth control implant?

Tuesday, August 28, 2018

On July 20, 2018, the drug manufacturer Bayer announced that by the end of the year it will no longer sell its Essure birth control implant. This tiny coil-like device is implanted in the fallopian tubes to be used as a form of permanent birth control. Despite being advertised by Bayer as a safe and permanent birth control method, there have been as many as 30,000 reports of injury or illness potentially related to the use of Essure since its approval by the FDA in 2002. Its use has already been discontinued elsewhere around the world, and the U.S. is the only market in which Essure is still sold, despite strong evidence of it potential for serious harm.

Studies have shown strong evidence of potential serious side effects related to use of Essure including, but not limited to:

  • Movement of the device from the fallopian tubes and into the abdomen or pelvis;
  • Perforation of internal organs, including the bowels, bladder, uterus, and fallopian tubes;
  • Hypersensitivity and allergic reactions to nickel and other components of the device;
  • Chronic pain;
  • Severe bleeding;
  • Ectopic pregnancies (where the fetus forms outside the uterus, a potentially deadly condition);
  • Miscarriage or stillbirth; and
  • Death.

Removal of the device often requires surgery, which may involve hysterectomy or other extremely invasive procedures. One medical study showed that Essure patients required follow-up surgery ten times more frequently than patients using other permanent birth control methods such as tubal ligation.

The product received a “black box” warning from the FDA in 2016 (the strongest type of FDA warning) due to the known risks of the device. There have been over 16,000 lawsuits filed due to injuries resulting from Essure use.

Despite long knowing of the potentially serious consequences of its use, Bayer only recently started a program to ensure patients were receiving the necessary information before undergoing such a potentially dangerous procedure. Prior to that, many patients were not warned about these risks and underwent the procedure without fully understanding the potential consequences. For many, Bayer’s warnings and now removal of the device from the market is too little, too late. Many have been injured, and those with Essure may still become injured in the future.

Berman, Sobin, Gross, Feldman & Darby LLP serves individuals who have used Essure and have had complications as a result. If you or someone you know have used Essure, call us at the toll-free number or email us at essure@bsgfdlaw.com to make sure you are protected. We will contact you with several follow-up questions to determine if you qualify for inclusion into the ongoing litigation.

Photo source.

Have You Been In Contact With The Weed Killer Roundup?

Friday, December 01, 2017

Odds are that at some point in your life, you have used or come into contact with Roundup Weed killer. Introduced to the market in 1974, Roundup is one of the most commonly used herbicides and is currently available in more than 130 countries. Roundup utilizes a chemical know as glyphosate to kill weeds and grasses which interfere with the growth of crops or desirable plants. Roundup has consistently marketed their products as "environmentally friendly" and "biodegradable" which lulled consumers into a false sense of safety. In actuality, the ingredients in Roundup, including glyphosate, have been known to cause cancer, specifically Non-Hodgkins Lymphoma.

Contamination From Using Roundup Weed Killer

Contamination can occur in various ways:- by direct contact with the liquid pesticide, by breathing the airborne particles disbursed while spreading the product, or by ingesting the product by way of the plants in the vicinity of where the pesticide was spread. While certain segments of the population are at a higher risk of developing cancer, a study by the Agency for Toxic Substances and Disease Registry, a branch of the US Department of Health and Human Services, conducted an alarming study which revealed that a child's chances of developing brain cancer doubled when they had at least one parent previously exposed to Roundup within two year prior to the child's birth. These instances of cancer are alleged to be caused by damage to a person's DNA as a result of the exposure to glyphosate.

See If You Qualify

Our research has shown that Roundup failed to properly research the link between the chemicals they utilized in their product and the risk for cancer. Additionally, Roundup failed to warn consumers about the potential risks associated with exposure to their products. Companies like Roundup should not be allowed to profit from these callous decisions. Berman, Sobin, Gross, Feldman & Darby, LLP is reaching out to our current clients and their families to see if they qualify for inclusion into a large scale suit against Roundup. If you would like to be considered for this suit, please visit our website and complete a brief questionnaire to see if you qualify. You can also reach our Roundup hotline directly at 301-355-6680 or submit questions electronically using roundup@bsgfdlaw.com.

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