Headlines

Sommers Schwartz handling vaginal mesh cases
On January 4th, 2012 the FDA issued an order requiring manufacturers of implantable surgical mesh – used to treat urinary incontinence in women – to research the risks associated with their products. The agency's action appears to have been prompted from years of complaints of infections, pain, complications, and other injuries. Details of the FDA's order were reported in the New York Times and elsewhere.

Female urinary incontinence is usually the result of a weakening of the muscles around the bladder and other support organs. Pelvic organ prolapse, one condition of this type, can be treated by surgically implanting a vaginal mesh device. Although the FDA issued a warning in 2008 regarding complications related to the device, it indicated that the occurrence was rare. Over the next two years, however, reports of those complications increased by 500%, and the agency issued an update in July 2011.

It is important to note that surgical mesh, like all-metal artificial hips, are part of a class of implants that manufacturers are not required to study in patients before or even after the products are put on the market. That means that none of the 185,000 or so women in whom vaginal mesh was implanted in 2010 had the benefit of clinical studies or research prior to their procedures.

In 2010, about 185,000 women underwent procedures in which mesh was implanted vaginally to treat urinary incontinence, and roughly 15% of them experienced related problems, according to research published in the journal Obstetrics & Gynecology. The study also advised that the mesh had no greater benefit than using the patient's own ligaments to reinforce the vaginal wall, the traditional procedure for treating the condition.

The FDA anticipates that manufacturers, including Boston Scientific, CR Bard, Ethicon, and WL Gore & Associates, will track patients for a three-year period to gauge both the quantity and severity of any complications.

We at Sommers Schwartz are currently evaluating cases of vaginal mesh failures. If your vaginal mesh has failed you, give us a call and learn what we can do for you.

Nurse and Healthcare FLSA
Many hospitals are taking pay from healthcare workers to save money. As hospitals try to conserve expenses, they often dock and reduce the pay of the workers they rely upon most, including: nurses, physician assistants, nurse practitioners, and technicians of all types. Hospitals from across the country have been caught underpaying staff by refusing to pay overtime, not paying for time worked off the clock, and by docking paychecks for daily 30-minute lunch breaks that are never actually received. It’s called wage theft and it is illegal.

Failing to pay workers for work actually performed was made illegal by the Fair Labor Standards Act (FLSA) which Congress passed in 1938. The same recessionary economic pressures that led to the enactment of the FLSA continue to exist today and courts have recognized the policy inherent in the law that every American is entitled to be paid for all of the work they perform. By failing to pay workers the minimum wage and overtime specified in the law, not only are employers cheating employees, but they are also undermining the Congressional job-creation policies which are embodied in the FLSA.

Sommers Schwartz is proud to represent employees in FLSA and other employment-related cases. For a free consultation call Jason J. Thompson or Lance Young at (248) 355-0300.

Defective Hip Implant
In recent years, manufacturers of metal hip implants have promoted all metal devices as being more durable and longer lasting that devices that use ceramic or plastics. Millions of all metal devices have been implanted in patients who expected great results.

What the manufactures did not tell doctors and patients is that a metal ball and socket can result in shedding of metal debris to surrounding tissues and cause a painful condition called metallosis. Metallosis causes inflammatory reactions in the tissues surrounding the device, destruction of tissues, cyst formation and ultimately the need to replace the device in a second costly surgical procedure. .

. The Federal Drug Administration has recently ordered manufacturers to conduct studies to demonstrate the safety of metal on metal implants. One manufacturer, DePuy Orthopedics, has recalled one of its models that was implanted in over 90,000 patients.

Sommers Schwartz has filed numerous cases against DePuy on behalf of its clients. We are also investigating devices sold by other manufacturers as well. . If you or a family member or friend have questions about all metal hip implants, contact Robert. Sickels at (248) 355-0300.

Beaumont Case
In 2009, Beaumont decided to stop paying physician assistants and other mid-level providers overtime pay for hours worked over 40 a week. That decision was apparently based on Beaumont’s mistaken belief that physician assistants and other mid-level providers are not covered by the Fair Labor Standards Act (FLSA).

As hospitals try to conserve expenses, they often dock and reduce the pay of the workers they rely upon most, including: nurses, physician assistants, nurse practitioners, and technicians of all types. Hospitals from across the country have been caught underpaying staff by refusing to pay overtime, not paying for time worked off the clock, and by docking paychecks for daily 30-minute lunch breaks. It’s called wage theft and it is illegal.

Sommers Schwartz attorneys recently filed suit against Beaumont Hospital, seeking to recover three year’s worth of unpaid overtime on behalf of select employees. If you believe you have an unpaid overtime claim and would like to participate in the lawsuit, please call Jason J. Thompson or Lance Young at (248) 355-0300, so we can ensure that your legal rights and claim are protected.