Food borne illness is almost an epidemic in the United States. Many people do not know it can take up to 72 hours to manifest itself. Most people think you just get better over time but with children and seniors who have immunocompromised systems, that is not true. 125,000 people are hospitalized each year and 3,000 die. If you or a loved one believe you suffer from food poisoning,  it is important to:

- ask the hospital to do any and all blood work ups and tests to prove it;

- keep the receipts of where you bought the food;

- report your illness to the place that got you sick, the Center for Disease Control, and your Health Department so that any outbreak is exposed and so other people are protected;

A couple of practical points to protect you and your loved ones- if you think the restaurant or food is bad, get out.  If the hot water does not work in that place's bathroom, get out.

Transvaginal Mesh went into the market place without rigorous testing and yet still made it through the FDA’s 510 (K) process. As a result thousands of women believed it was  safe. However, many are now paying a terrible price for this mishap. Between 2008 and 2010, almost 3000 adverse events were tied in with the transvaginal  surgical mesh. Numerous researchers and doctors voiced concern that there was not enough safety data and in my view they were correct. The medical complications from the erosion of the mesh can be very severe and debilitating. If you have questions, please call us to discuss. (attach a copy of the article that you scanned and make reference to its date and time too).

Mark Kitrick Is On Your Side!

Mark Kitrick recently spent the evening volunteering with other members of the Columbus Bar Association during ABC 6 - TV's "Ask the Attorney" segment.  Mark spoke with many callers over a two-hour period, answering their various legal questions.

The United States FDA recalls potentially harmful drugs about once every month, but the agency needs to improve its   communication of recalls with doctors and patients. According to the Archives of Internal Medicine over the last 8 years , the FDA failed to send notifications of serious product recalls one out of five times – 20% - through its two electronic systems used to alert physicians and the public. The recalls dealt with what are called “Class I” issues. This means these drugs have the potential to cause “serious adverse health consequences or death.”  Therefore, we recommend that at least every quarter you check the FDA website directly to see whether there are any issues with your medications. Do not depend on the company or your doctor or pharmacist to tell you of a problem!

Natural Gas Pipeline Safety in Ohio

“The condition of Ohio natural gas pipeline network varies by operator. Each operator has the obligation to demonstrate that their piping is in a condition that meets or exceeds the minimum federal safety standards. Most high pressure transmission lines are constructed with protected steel. Lower pressure distribution lines are made from plastic or steel, and older lines may be made from steel, cast iron or copper. Each operator submits an annual report to the PHMSA describing their pipeline network including the type of piping used and number of leaks detected and repaired. This data is available online at http://www.phmsa.dot.gov/pipeline/library/data-stats.”

To read the full story, visit the Public Utilities Commission of Ohio’s website at http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/natural-gas-pipeline-safety-in-ohio/.

Let us update you on  Medtronic Infuse lawsuits.  Infuse is used for lumbar disk surgeries. However, there have been major problems with its “off label” usage. In terms of what is off label or not, the product was only approved for a one level fusion, in the lumbar region of the spine, using an anterior approach known as an ALIF, through the stomach or front of the body.  We have seen cases where the Infuse product was used in a Posterior or PLIF approach through the back, used to fuse multiple levels, used at a higher dose than suggested, and even worse, used in the cervical region.  These cervical uses are the ones that seem to create serious injuries in the patient.  For instance, the doctors are finding bone overgrowth, showing that the product grew beyond its desired results, and this causes nerve and other damage. 

It is important for people to know that the Food and Drug Administration (FDA) begins a 2 day inquiry into whether there are better ways for doctors and patients to monitor the risks involved with all-metal replacement hips. Although such replacement hips seemed  like a very good alternative just  a few years ago, it is now a fact that many such replacements fail far too early and shed tiny pieces of metal into the patient’s body. As a result, often these defective products must be replaced because they cause muscle and tissue damage, and high levels of toxic metal  in the patient’s blood. Serious questions will be asked,  such as how were these products approved, and what did the manufacturers know  when they marketed their products.

In addition to our litigating serious injury and death cases, people should be informed that  our firm protects  consumers and small businesses and has done so for decades. For consumers, we review bad faith denials of insurance claims, whether they be annuities, death benefits, or health insurance claims. We handle consumer class action cases protecting people from improper or illegal taxes, service charges, illusory services, and any other conduct that is wrong and must be fixed. For small companies who make up most of America’s working entities, for a contingency fee – meaning we only get paid if we win – we help small companies  fight others if our clients  have, for example, collection issues, breach of contract claims, and intellectual property disputes. Most don’t know the fact that  the majority of  lawsuits filed in our courts today involves companies suing other companies.

Do You Trust Our Legal System?



A new poll shows that most Americans distrust the legal system. The survey was conducted by Clarus Research Group for Common Good, a government reform coalition, on June 21-25, 2012. The findings include:

·         86% of voters polled say they agree that there is an increasing tendency for Americans to threaten legal action and lawsuits when things go wrong.   

·         67% say that the time and trouble it takes to file a lawsuit discourages many people with legitimate cases from going to court.

·         51% believe that people have become so fearful of frivolous lawsuits that they are discouraged from engaging in normal activities.

·         When asked whether the civil justice system needs to change the way it handles lawsuits, 53% say there is a need for either fundamental change or the complete rebuilding of the system; 39% say there should be minor changes; and only 6% say they want to keep the system as it is.

Source:http://www.prnewswire.com/news-releases/new-nationwide-poll-most-voters-distrust-us-legal-system-160429725.html

These findings confirm what many lawyers who care about our legal system have long believed: the legitimacy of our courts and our laws depends mainly on our ability as lawyers to demonstrate fairness and competence in our day–to–day dealings with litigants and the public.