The Talaska Law Firm is pleased to announce that the firm’s founder, Robert Talaska, has once again been selected as a Texas SuperLawyer. Congratulations, Bob!
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Around 60% of newborns are born with some degree of jaundice. Jaundice, or a yellowing of the baby’s skin, occurs when the newborn baby’s liver cannot remove bilirubin from its body quickly enough.
Prior to birth, the placenta is responsible for removing bilirubin from your baby’s body; therefore, after birth, the baby’s liver becomes solely responsible for filtering out bilirubin. If the liver is not able to remove the bilirubin fast enough, it could lead to hyperbilirubinemia.
Hyperbilirubinemia occurs when the levels of bilirubin in the baby’s body becomes toxic. The high levels of bilirubin can lead to, among other things, bilirubin induced neurological dysfunction (BIND), bilirubin induced encephalopathy, kernicterus, and cerebral palsy.
The hospital where you delivered your baby should monitor your newborn’s bilirubin levels. If your baby is not properly monitored, it could lead to permanent brain injury or some other severe disability.
The Talaska Law Firm has over two decades of experience representing families whose children have been injured due to physician or hospital negligence. If your child has experienced hyperbilirubinemia or any other condition which has led to injury or disability, contact the experienced lawyers at The Talaska Law firm.
The law limits the time you have to bring a medical malpractice lawsuit, so contact our firm today at 713-869-1240 or at email@example.com, birth injury attorneys, brain damage, cerebral palsy, hyperbilirubinemia
The United States Food and Drug Administration (FDA) is currently investigating the manufacturers of the dialysis drug GranuFlo. The FDA believes there is a very serious defect with this product as well as a failure of the manufacturer to adequately warn doctors and patients of the possible outcomes associated with the use of GranuFlo.
GranuFlo is a widely prescribed drug that is used during dialysis treatment to distribute electrolytes in the patient’s blood. One of the active ingredients in GranuFlo converts itself to bicarbonate during the dialysis process. This, in and of itself, is not a bad thing. The problem arises when the patient accumulates too much bicarbonate in their system. This occurs because bicarbonate is already used in dialysis treatments to neutralize acids in the blood. So the regular bicarbonate treatment when mixed with the bicarbonate conversion of GranuFlo can lead to metabolic alkalosis, which could potentially be fatal.
According to a New York Times article, GranuFlo manufacturers were aware of the issues, but instead of informing the public at large about the problems, they chose to only report the problem via an internal memo. In addition to laying out the potentially fatal side effects, the memo also stated that due to GranuFlo usage, 941 patients had suffered cardiac arrest inside of dialysis treatment centers in 2010.
Based on the information contained in the New York Times article and the FDA, the manufacturer of GranuFlo failed to warn dialysis clinics, doctors, and patients about the potentially lethal side effects associated with their drug. As a result, many dialysis patients have suffered massive heart attacks and strokes within 48 hours of receiving GranuFlo.
If you or a loved one has suffered a heart attack or stroke during or within 48 hours of receiving a dialysis treatment, contact the experienced attorneys at The Talaska Law Firm today for your free consultation. Let the The Talaska Law Firm fight for you or your loved one against the manufacturer of GranuFlo.Dialysis, GranuFlo, Heart Attack, metabolic alkalosis, Stroke
Women nationwide are now experiencing horrible medical problems due to the transvaginal mesh that was implanted to treat their stress urinary incontinence or pelvic organ prolapse. Instead of receiving relief for their conditions, those implanted with the transvaginal mesh are now dealing with debilitating pain and often a recurrence of their original incontinence or prolapse.
Mesh products have been on the market for a number of years and were originally used for hernia repairs. The problems began when these manufacturers began to develop transvaginal mesh, a product which was not necessary, but developed to increase profits. In developing this product, these manufacturers utilized a loophole in FDA regulations which allowed them to send this product to market without first being tested in humans.
Upon its release into the market in early 2004, the FDA began receiving reports that these transvaginal mesh devices were failing or malfunctioning at an alarming rate. Some have indicated that these mesh products fail 10% of the time. Between 2005 and 2010, the FDA received more than 4,000 of these reports, which indicated failure or malfunction of the mesh.
Due to the faulty transvaginal mesh, many women experience severe pain and a number of other medical conditions, such as, but not limited to: erosion, exposure, extrusion, protrusion, severe pelvic pain, infections, urinary problems, bleeding, organ perforation, muscular problems, vaginal scarring, mesh contraction, and, in severe cases, death. These physical injuries often lead to subsequent surgeries in an effort to prevent further breakdown of the mesh material and for treatment of the newly occurring condition.
The attorneys at the Talaska Law Firm want to fight these manufacturers on your behalf. It is egregious that these manufacturers utilized loopholes and deceit to bypass the safety measures of the FDA. Let us put our resources and knowledge to fight for you. Contact The Talaska Law Firm today at 713-869-1240 or at firstname.lastname@example.org today. The law limits the time you have to bring your case, so contact us today for a free consultation.
American Medical Systems, Bard, Bladder Mesh, Boston Scientific, Ethicon, Johnson & Johnson, Trasvaginal Mesh
In the recent weeks, there have been numerous news reports coming out of Texas regarding the Texas Medical Board allowing negligent physicians to continue practicing medicine. The USA Today reported on it (here) and the Texas Observer here reported on it (here). After reading the horrific stories contained in these articles, one must ask himself, how can this be? The answer is simple: Texas Tort Reform.
In 2003, the Texas Legislature passed tort reform legislation which broke down the de facto regulatory system for hospitals and doctors. Hospitals and doctors, prior to 2003, were regulated through several mechanisms: the Texas Medical Board, which oversaw the licensing of physicians, hospital administrators, who attempted to limit a hospital’s exposure to malpractice claims, and finally the civil justice system. The tort reform measures passed by the Texas Legislature, however, took away the effective remedies of the civil justice system, which then took away for the need of hospital administrator’s vigilance to limit liability, leaving only the Texas Medical Board to regulate hospitals.
The medical malpractice caps on damages as well as immunities for hospitals have created an indifference for hospitals to police themselves. The standard required to sue a hospital for physician negligence is “malice”; that is, the hospital must have known of an extreme risk when hiring a physician and ignored it. The problem in proving this, however, is that the documents required to prove this case are confidential and almost impossible to obtain. This “immunity” from litigation has left only the Texas Medical Board to police medical negligence in hospitals.
The Texas Medical Board was never designed to be an enforcement agency. The Board, which was created by the Medical Practice Act, was created as a regulatory agency to oversee the licensing of physicians in the state of Texas. The Act further recognizes the value of the credential and the presumption is to protect the physician. The Board is prohibited from acting until there has been an investigation, the gathering of evidence, hearings, and appeals- this process lasting years. During this process, these physicians who have been accused, sometimes by multiple patients, are still allowed to practice medicine. Often times, committing more malpractice.
What Texas patients are left with is a broken civil justice system. Patients are relying on the Texas Medical Board to police physician negligence, a duty they were not designed to perform. Patients are now required to take-up the mantel of policing the medical community and the only way to do this is through the civil justice system. Patients must no longer turn a blind eye to medical mistakes or give the physician the benefit of the doubt. Texas has not made patient safety a priority; therefore, the patient must ensure their own safety.
If you believe that you have been injured by doctor, nursing, or hospital error, contact the lawyers at The Talaska Law Firm, PLLC. With over 25 years of medical malpractice experience, our attorneys are well-versed in medical malpractice law in Texas and nationwide. Call today for your free consultation at 713-869-1240 or email us at email@example.com, free consultation, hospitals, Medical Malpractice, Medical malpractice attorneys, medical malpractice lawsuit, Medical malpractice lawyer, medical negligence, mothers health, talaska law firm
Robert J. Talaska and his law clerk, Raymond Panneton, are attending the Texas Trial Lawyer Association (TTLA) Pharmaceutical and Medical Devise Seminar to receive the latest updates and information concerning litigation about faulty drugs and medical devises that are affecting patients nationwide. Below is a recap of Day 1.
The event began with a background and update on the prosecution of a pharmaceutical and medical devise cases in the State of Texas by Mike Gallagher and Tommy Fibich. As the years have passed, trying any medical related case has increased in difficulty due to legislative roadblocks. To be successful in this area of litigation, attorneys must be savvy and have great attention to detail. The attorneys employed by drug companies are some of the best in the world, and Plaintiff’s attorneys must be mindful of this fact.
The evening closed out with an update on vaginal mesh litigation by Shelly Hutson, Clayton Clark, Erin Copeland, Tom Pirtle, and Henry Garrard. This area of litigation has boomed; however, high costs and high difficulty have given many attorneys pause to enter into this arena. Mesh litigation is focused on 5 major manufactures, including Johnson and Johnson and Coloplast. These cases are being tried in state and federal courts and are moving through the system relatively quickly. The federal courts have set a deadline for new cases in June, so clients need to contact an attorney before the statue of limitations runs.
The Talaska Law Firm is dedicated to staying on the cutting edge of litigation. Currently, The Talaska Law Firm is engaging in vaginal mesh litigation. If you or a loved one has had vaginal mesh implanted, please contact The Talaska Law Firm today.Mesh Lawsuit, Mesh Lawyer, Transvaginal Mesh, Vag Mesh, Vaginal Mesh
After your litigation has concluded, life goes on and your child will still require support, both emotionally and physically. To aid in the emotional and physical development of your child, there are several organizations available to assist in a multitude of ways. One such organization is Easter Seals Disability Services in Houston, Texas.
Easter Seals is a non-profit organization that provides services for children, and adults, with autism, developmental disabilities, physical disabilities, and other special needs. This organization helps people with disabilities through therapy, training, education, and other support services.
In addition to their own resources, Easter Seals has relationships with a many other organizations to ensure that you and your family’s needs are being met. Raising a child with special needs is no easy task and you do not have to do it alone. No matter what city or state you are in, there are organizations available to help you and your child.
Easter Seal’s website is http://www.eastersealshouston.org/Birth Injury, birth injury attorneys, brain damage, cerebral palsy, cerebral palsy attorneys, houston birth injury lawyers, Medical Malpractice, Medical malpractice attorneys, medical malpractice lawsuit, Medical malpractice lawyer, medical negligence, talaska law firm
Generally, once your case is nearing the settlement phase of litigation, the court may appoint a guardian ad litem to represent the interests of your child. The law in Texas requires the appointment of a guardian ad litem only if there is a potential conflict of interest between parent and child. This means if any portion of the settlement proceeds could go directly to the parents, an ad litem will be appointed. This appointment is just another legal mechanism to ensure your child is receiving a fair and reasonable settlement for their injury.
A Guardian Ad Litem serves to assist and protect the interest of your child by making informed and unbiased decisions concerning your child’s lawsuit. An ad litem has two main functions that is 1) to gather data; and, 2) to ensure the child’s interests are being protected. The ad litem appointed to your case is not an attorney for your child, but is an officer appointed by the court to carry out these functions. The court appoints an ad litem to ensure that your attorneys represented your claims as well as your child’s claims equally and that any settlements are structured to benefit your child.
Once an ad litem gets appointed to your case, they will begin to collect information surrounding the lawsuit. The ad litem will investigate your claims, the facts of the lawsuit, and the Defendant’s claims. This will help the ad litem to evaluate the case and determine if the settlement is a reasonable one.
The ad litem will also ensure that the settlement agreement is structured best for the child. There are many different ways in which a settlement agreement can be structured. Depending on the facts and circumstances of your case one option may be better than another. The ad litem will assist us to ensure that the structure of your settlement will serve the long-term needs of you and your child.
The ad litem’s fee will not be paid out of your settlement agreement. Texas law is clear that the losing party of a lawsuit, or in the case of a settlement agreement, the Defendant will pay the reasonable costs associated with an ad litem.
Guardian Ad Litems serve an important role in the civil justice system. These appointed officers of the court ensure that your attorney has obtained maximum value for your child’s cases. The Ad Litem will also provide valuable insight on how to best structure your settlement to ensure that your child’s specific needs are addressed. The attorneys here at The Talaska Law Firm have a stellar reputation among ad litems in providing top-notch representation to do everything we can to obtain a fair and reasonable settlement and resolution for your child. If you have any questions or would like to schedule a free consultation, please call our office at 713-869-1240 or fill out our contact form.birth injury attorneys, cerebral palsy attorneys, free consultation, houston birth injury lawyers, litigation, Medical Malpractice, Medical malpractice attorneys, medical malpractice lawsuit, Medical malpractice lawyer, medical negligence, talaska law firm
At the onset of any lawsuit, your life will be put under a microscope. Every detail of your hospital or doctor visits will be examined. Additionally, your past and future medical visits could also contain important details for your lawsuit. It is important that when your attorney asks you questions that you are very detailed in your answers. Your answers will drive the lawsuit and will determine the trial strategy down the road. It is for these reasons that the more you tell us, the better prepared we are to advocate for you in a court of law.
Once a contract has been signed, our firm will send you several documents which will require your immediate attention. One of these documents will request information concerning your medical providers, both past and present. There is a tendency for clients to only provide information that they believe is relevant. Please fight this urge! When prosecuting a medical malpractice claim, it is important to see the entire picture. Your past medical history will become important when we are calculating damages. Given the importance of this step of litigation, it is important to put “too much” information rather than not enough. The attorneys at The Talaska Law Firm have become experts in determining important information from irrelevant information. All medical information that is not relevant to your case is strictly confidential.
Another important document that you will receive from our office is a detailed client questionnaire. This document will ask for a lot of information including employment history, criminal history, and other important biographical information. Again, it is important to put as much information as possible. There are questions that can be embarrassing or represent a bad decision; however, please do not exclude this information. Remember, anything you tell us directly is considered attorney-client communications and is confidential. As your attorney, we are here to fight for you. If you withhold information that you think is not important, it is likely that the Defense will find out and try to use that information against you later. If you provide this potentially damaging information to us up-front, we are better able to keep it out of the case and protect you.
Any document that you receive from our firm is extremely critical to the success of your lawsuit. The information provided to us will ensure that the correct course is taken to maximize your recovery, if any. Also, it is important to remember that once these forms have been completed your job as a client is not over. It is imperative that you keep us up-to date with any change in your address or telephone number. Without this information, there is no way for us to contact you about your case. As always, if you have any questions, please contact our office at 713-869-1240.birth injury attorneys, cerebral palsy attorneys, free consultation, houston birth injury lawyers, Medical Malpractice, Medical malpractice attorneys, medical malpractice lawsuit, Medical malpractice lawyer, medical negligence, talaska law firm
In the fiscal year 2011, over 10,000 personal injury cases not involving a motor vehicle were filed in Texas Civil District Courts. Given the high number of cases being filed every year, courts have become inundated with litigation, which causes every case on the court’s docket to go through the judicial process much slower. In an effort to decrease the cases on the docket and to save money for the clients and state resources, many judges will order a party to mediation. Mediation is one way in which parties can settle their issues outside the presence of the judge, but reach an agreement that is legally binding on both parties. Most of us are familiar with the idea of mediation, but lack the knowledge of what actually goes on during a court ordered mediation. There are several elements that comprise mediation: the mediator’s opening statement, the party’s statements, individual caucuses, and the closure of mediation. Each aspect of mediation is very important and serves the ultimate goal of settling the dispute between the parties agreeably and without the need for further costly litigation.
The mediator will open the mediation session with an opening statement. This is the time where the mediator will ensure that everybody is familiar with some key ground rules, what the tone of the day will be, and to introduce themselves to the participants. The mediator during this time will gain the trust of the parties to settle their dispute and to ensure that everybody is on the same page as to how the day will operate. Once the mediator has set forth the ground rules, the parties will make their opening statements.
Each party will have the opportunity to present their case before the other party and the mediator. As in court, the Plaintiffs will present their case first. During this time, your attorney will present the facts of the case, the legal theories being argued, and why you are entitled to a recovery under the law. This process will allow for the opposing party to better understand your case and give the mediator an outline of your arguments. After both parties have had the chance to present their opening statements, a joint discussion will occur.
For the party caucuses, each side will be assigned their own room. While in this room, the mediator will meet with the party one at a time and discuss the case. These conversations with the mediator are confidential, but very influential as to the outcome of the mediation. During this time your attorney will discuss the strengths and weaknesses of your case as well as the points that you are willing to compromise. By sharing both the strengths and weaknesses of your case, the mediator will be able to better determine the “value” of your case and an appropriate settlement amount. The mediator will go back and forth between the parties playing devil’s advocate in an attempt to move both parties towards a common value.
After the caucuses have been held, there are two potential outcomes: the parties have agreed on a common settlement amount, or the parties were unable to reach an agreement and they will proceed to trial. In all mediations, the hope is to settle your case to put more money in your pocket. By mediating, your attorney is able to keep costs lower than if the case were to go to trial. Another benefit of mediation is that if you are able to reach an agreement, it will be binding on the parties, whereas trial, there is no guarantee that you will win.
To ensure that you have a successful mediation, it is important to hire an attorney with a proven record both in and out of the courtroom. The Talaska Law Firm has been able to gain millions of dollars through mediation for countless clients. The reputation that the attorneys at the Talaska Law Firm have garnished ensures that your case will settle for its full value.
For a free and confidential case evaluation, please call the Talaska Law Firm at 713-869-1240. Remember that the law limits the time you have to act, so be sure to call today.
For more information on mediation or alternative dispute resolution, please go to the State Bar of Texas’ Alternative Dispute Resolution Section at http://www.texasadr.org/.birth injury attorneys, cerebral palsy attorneys, free consultation, houston birth injury lawyers, Medical Malpractice, Medical malpractice attorneys, medical malpractice lawsuit, Medical malpractice lawyer, medical negligence, talaska law firm
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