Comprehensive Reverse Shoulder Recall

Companies are legally required to make sure that their products are safe. If they fail to commit to this responsibility and this failure has resulted into injury or death, they may be held liable. An example of this is the Comprehensive Reverse Shoulder and how it is currently being recalled by Zimmer Biomet.

The Comprehensive Reverse Shoulder is a surgically implanted device used to restore shoulder and arm functions and relieve pain. This is typically acquired by people who suffer from a deficiency or tearing in the rotator cuff.

Reason for Recall
The Food and Drug Administration has designated a Class I Recall on the shoulder replacement. Class I Recall is highest form of recall. It is issued to products that are capable of injuring or killing. The device is being recalled because its fracture rate is higher compared to what is in its label, and there are a lot of reports regarding the failure of the device, particularly fracturing.

Device failure, such as fracturing, may require corrective surgery, to remove the device and replace it with another. But this is not without consequences, as it may result into injury and infection. On worse circumstances, it may even result into the total loss of function in the shoulder area. In the worst circumstances, it may even result into death.

Possible Damages
A patient who has sustained injury because of the device may have legal options to pursue, such as filing a Zimmer shoulder replacement lawsuit. The injury does not just cause the patient pain and suffering, as it may also cause unnecessary financial burdens, like the costs of corrective surgery and hospital confinement, lost time in the workplace, and possibly, loss of earning capability.

Family members of those who sustained fatal injuries have it worse. Aside from the financial issues associated with death, such as medical and funeral costs, they would also suffer from the pain of losing a loved one.

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Factors that Increase the Risk of Developing Cerebral Palsy

One type of chronic disorder which more than half a million children in the US are suffering from is cerebral palsy (CP), a neurodevelopmental motor impairment that affects a child’s posture and balance, mental capabilities and speech. This chronic and incurable illness actually refers to a group of brain disorders which also impair sensation, muscle coordination, muscle control, body movement, reflex, and various brain functions, such as speech, perception and cognition. Cerebral palsy can be due to the abnormal development of the brain or physical injuries to the infant’s brain; it may be congenital or inborn, occurring during pregnancy or during the birthing process, or it may be acquired, occurring during the first years after birth.

According to the Centers for Disease Control and Prevention, about 85% of all cerebral palsy cases are congenital in nature, but while there is no certainty about its exact cause, there are certain factors which increase the chances of newborns developing this neurodevelopmental motor impairment. For congenital CP, these factors include:

  • Premature birth, affecting babies who are born three or more weeks before the 40th week of pregnancy, but most especially those who are born before the 32nd week of pregnancy
  • Low birth weight, which affects infants whose weight is below 5.5 pounds at birth, however, those weighing below 3.5 pounds are at much greater risk of acquiring CP;
  • Infections during pregnancy, such as bacterial meningitis and viral encephalitis, both of which are characterized by an inflammation of the membranes which surround the brain and spinal cord of an infant;
  • Health conditions of the mother, such as Down’s syndrome, thyroid issues, syphilis, toxoplasmosis, cytomegalovirus, chickenpox (varicella), German measles (rubella), or illnesses which cause seizures; and,
  • Birth complications, which occur during labor or delivery and which interrupts a baby’s supply of oxygen. Some of these complications include umbilical cord problems, uterine rupture, and detachment of the placenta.

The risk factors for acquired CP, on the other hand, include:

  • Infections, like encephalitis and meningitis which cause inflammations in the central nervous system of an infant;
  • Traumatic head injuries, which can be caused by the violent shaking of a baby, child abuse, a baby falling head first to the ground, or child abuse; and,
  • Conditions which affect the flow of blood to the brain, like heart defect, sickle cell disease or fetal stroke.

On its website, Crowe & Mulvey, LLP explains that CP can also develop during the first few years of a child’s life, while his or her brain is still developing. Furthermore, the firm explains that, while this disorder can be a result of a natural or unavoidable health complication, often it is a result of an act of negligence, usually by a medical professional. Government and court records also show that most cerebral palsy cases are results of medical malpractice, making this disorder totally preventable.

Proving that a child’s CP is a result of medical negligence is not easy, however. It will take careful and thorough investigation which only a seasoned medical malpractice lawyer may know how to approach and conduct effectively.

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