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Cisson Mesh Case Tests Georgia’s Tort Reform Laws

By Farah & Farah on May 3, 2017

It must have come as good news for Donna Cisson. 

In August 2013, after a four-week trial, the jury believed her injuries were caused by a Bard Avaulta transvaginal mesh permanently implanted in her pelvic area. 

The jury awarded her $250,000 in compensatory damages and $1,750,000 in punitive damages.

Punitive damages are designed to send a clear message to the company – stop your bad behavior!

Shortly after the compensation was announced, it became clear Ms. Cisson would never see the majority of the punitive damage award.

That’s because she is a resident of Georgia.

Enacted as part of the Tort Reform Act of 1987, Georgia’s statutes now require that 75% of any punitive damage award be turned over to the state of Georgia. 

That is something the jury couldn’t possibly have known.

Cisson’s lawyers argued that the money grab amounted to an unconstitutional taking. They lost that argument when the state of Georgia prevailed in defending the law’s constitutionality in the Fourth Circuit Court of Appeals.

Instead, the State Treasury of Georgia received $782,140.24, a nice windfall, minus the costs of litigation and attorney’s fees. 

In the last 30 years, a dozen state have enacted some form of split-recovery as the laws are known. Georgia has one of the highest split-recovery rates.

This is the first time in a decade that Georgia’s split-recovery laws have been enacted.

The only upside is that the plaintiff’s compensation for injury is not taxable, whereas punitive damages are.

Tort reform is pushed by industries such as asbestos and tobacco, insurance and pharmaceutical companies. Its intention is to curtail your right to have a civil court listen to your grievances and render a decision.

What person would face the rigors of trial if they would only receive about 10% of any punitive damage? 

At least on the surface, the enactment of tort reform is said to encourage both sides to settle their differences in some sort of post-verdict negotiation.   

That in itself is a slap in the face of our jury system which remedies civil injustice using 12 impartial citizens to listen to both sides of an argument and decide which position holds the most weight.   

Trying to modify the jury system and circumvent the wisdom of American citizens who listened to the evidence, undercuts the judicial system we rely on that is guaranteed by our Constitution.

PREMISES LIABILITY – STAY SAFE IN PUBLIC PLACES

By Farah & Farah on May 3, 2017

Jacksonville Fire and Rescue were recently called to a parking lot hotel off Baymeadows Road, where a man was found unresponsive, in life-threatening condition after being shot.

A robbery with injuries happened last month in the Jacksonville parking lot of a fast-food restaurant during the early morning hours.

If you are injured in the parking lot of a business, or inside the store, or on any portion of the premise, business owners and lessees may be liable.

They have a duty to maintain protect your safety.   

Legally this is known as premises liability.

You may think people should always look where they are going and just be careful. If they are hurt, it’s their own fault.

But consider what can happen at a business:

*Someone attacks you in a parking lot.

*You are stuck in an elevator or a child’s shoe is trapped in an escalator.

*A waiter spills hot coffee on you causing serious burns.

*You suffer a slip and fall caused by a substance on the floor that was never cleaned up.

*You fall through a cellar grate that was not properly secured.

*A fire exit is closed, preventing someone from leaving in an emergency.

*A swimming pool with no barrier allows a child to fall in.

*A big box store has not secured a large box on its upper shelves. It falls on you or a family member.

These are just a few examples that a concerned property owner must address.

In court, or during settlement discussions, the injured plaintiff must prove that the unsafe condition was caused by the carelessness of the property owner or that, at the very least, they should have known it existed.

If you are involved in an accident on a premise, you must immediately take pictures of the scene as it was.  Photograph, or have someone photograph with your cell phone, a broken grate, a spilled substance on the floor or a broken railing.

Something was on the floor and no one attended to it. 

If violent crime repeatedly in one location, the owner has a responsibility to have enough security on site and proper lighting.

Criminals don’t want to be caught so they go somewhere else.    

Instead, businesses often blame the victim. 

There is also something known as comparative negligence that can reduce the liability of the property owner. If, for example, you were drunk when you fell down the stairs, that could reduce any recovery you receive. 

Most juries can be convinced that when property or business owner does not take care of its invited guests, they should be responsible for the accidents that happen there.

MARITIME INJURIES AND THE HAMM ALERT

By Farah & Farah on May 3, 2017


When El Faro, a commercial shipping vessel, left Jacksonville heading to San Juan, Puerto Rico on September 30, 2015, no one knew it would never return.

The El Faro drove into the path of Hurricane Joaquin and sank in the Bermuda Triangle taking with it 33 crew members. There were no survivors. 

When the storm swerved, the ship had no recourse and could not escape its 130 mile per hour winds. El Faro lost propulsion and power leaving it at the mercy of Mother Nature, like a cork in the sea.

Its final resting place is 15,000 feet at the bottom the ocean. 

The wife of one of the crew members has turned her grief into action.

Rochelle Hamm wants to make sure this doesn’t happen to any other vessel and crew.

Ms. Hamm is calling for the stricter regulation of maritime vessels.

She calls it the Hamm ALERT, named for her husband, Frank, who was lost at sea. 

In her Change.org petition, she asks Congress to give oversight to an impartial third party so one captain’s bad decision can be overridden.

El Faro left port as storm Hurricane Joaquin was building to a Category 3 storm.   

Ms. Hamm says the ship should never have left port and a third party could have determined the potential for harm at sea, not unlike an air traffic controller oversees safety in our nation’s skies.   

Her petition requires all commercial vessels to have Coast Guard-approved enclosed lifeboats and survival supplies. On El Faro, the lifeboats were antiquated, open and subject to the winds and waves. 

The 500-page transcript released by the National Transportation Safety Board (NTSB), tells the story of the ship’s final hours. The crew members openly questioned the captain’s decision to try and outrun the storm.

Frank Hamm’s last words. “I’m goin’ down!” he cries as his feet slip underneath him.

“I’m a goner.”

Mrs. Hamm’s mission has taken her to visit Florida Senators Marco Rubio and Bill Nelson. So far she has more than 11,000 signatures supporting the Hamm ALERT which will be included in recommendations by the NTSB and U.S. Coast Guard. 

Recently, her husband’s helmet washed ashore on a Florida beach.

Ms. Hamm carries the green helmet that says “Frank,” that compels her to complete this mission, turning her pain into a purpose with power.

Posted in: Maritime Law

Nine Year Old Child Injured at CoCo Key Hotel and Water Resort in Orlando, Florida

By Farah & Farah on April 17, 2017

Recently, on Saturday, March 18, a nine year old boy was injured at the CoCo Key Hotel and Water Resort. In fact, he was unconscious when the emergency response team arrived and rushed him to the hospital. The managers of the resort declined to comment on what exactly happened, though it was revealed that the incident occurred while the child was playing in one the pools that are located at the Coco Key Hotel and Water Resort.

Hotels and resorts are a common location for accidents that cause a substantial amount of damage and serious injuries in Orlando, Florida, frequently resulting in premises liability claims against the business. Those who stay at these locations are considered to be invitees, as paying customers, and the hotels and resorts are responsible for maintaining the property and ensuring that their guests are safe when enjoying the many features and activities of a resort.

Of course, the staff and management will not be inclined to comment on the issue as they are preparing to face the challenges of a legal situation in which it behooves them to be particularly careful about what they might say concerning what exactly occurred. The management at the Coco Key Hotel and Water Resort have, no doubt, instructed their employees to keep quiet on the subject as they converse with their own legal representation.

This then calls into question the potential liability of the resort and how the family of the child might be able to recover compensation for the injuries and damages sustained by their child, who, we can only hope is able to fully recover from those injuries. Meanwhile, as the business consults their attorneys, the family would be wise to consult an attorney of their own.

What Exactly Does It Mean to be an Invitee at an Orlando, Florida Resort?

When any kind of personal injury occurs, it is important to know what your status is on the property. You could be a licensee, an invitee, or a trespasser, and this will determine whether or not a duty of care was owed to you and what kind of duty that was. For example, if someone has trespassed, there may be no duty of care owed, or a much lighter duty of care on the part of the property owner. As paying customers at this hotel and resort, the child and his family are considered to be invitees, just as they would be at a grocery store or any other business that welcomes the public or paying customers onto their premises.

What Determines Liability in a Personal Injury Claim Against the Hotel and Resort?

There are multiple factors that could indicate liability in a personal injury premises liability claim against the Orlando, Florida hotel and resort. Because the guests are invitees, they are owed a duty of reasonable care by the management and staff. Failing to take reasonable care to prevent injuries from occurring can be the fault of the management for not having safe policies and procedures in place to prevent such accidents, or it could fall on the staff who failed to follow through with the procedures and policies in place. Still, it is the hotel and resort management and owners who are responsible for the employees. Thus, if an employee’s negligence led to the personal injury that occurred, the family will likely have a valid claim against the resort.

Establishing Negligence on the Part of the Hotel and Resort Management or Staff

The guests who wish to pursue a premises liability claim against an Orlando, Florida hotel and resort will need to prove negligence. This means that they have to prove that they were a paying customer, an invitee, who was owed a duty of reasonable care. They must also prove that the hotel breached that duty of care in some way through the action or lack of action on the part of their management or staff. They must then prove that their injuries were caused by this breached duty of care, and that economic damages resulted.

What is Constitutes the Reasonable Duty of Care Owed by the Hotel and Resort?

There are many things that a hotel and resort needs to do to maintain a reasonable duty of care towards their guests. This includes regularly inspecting the property and addressing any hazards, discovering and repairing dangerous conditions, and/or warning guests of the given dangerous conditions. They should also ensure that there is adequate security. In the case of a resort with pools and water activities, there should be a lifeguard present and/or notification that there is not a lifeguard on duty. They also have to take care when hiring staff, by conducting background checks and ensuring that their staff are responsible and law abiding. If a staff member were to fail in his or her responsibilities, due to intoxication, for example, the hotel might be found negligent if they did not conduct a background check that might have revealed a history of alcohol or drug abuse, and/or if they did not conduct drug tests prior to hiring.

What Happens When Hotel and Resort Employees Make Mistakes?

Even though a hotel and resort cannot entirely control the actions of their employees, they are still legally responsible for the actions of those employees while they are working. Thus, if an employee is required to complete maintenance and fails to do so, resulting in injury, then the hotel and resort is still responsible for this. However, if the employee acted in a way that was egregiously negligent, willfully harmful, and directly against company policy, there may be situations where the employee is liable for the injury themselves.

The Attorneys at Farah & Farah Can Help You With Your Orlando Premises Liability Claim

If you or a loved one has found themselves in a similar situation in which an Orlando, Florida hotel and/or resort is potentially liable for your injuries, contact a experienced premises liability attorney in Orlando at Farah & Farah to schedule a free consultation and discuss the merits and value of your premises liability claim.

Posted in: Premises Liability

Should You Accept a Workers’ Compensation Settlement for Office Injuries in Orlando, FL?

By Farah & Farah on April 4, 2017

Work related accidents, injuries, and occupational illnesses can occur in any kind of work environment in Orlando, Florida, including office environments. When people think about work related injuries, they tend to imagine accidents involving machines in a factory, construction workers falling from heights, or overexertion injuries in occupations that require heavy lifting. When you think of occupational illnesses, you might imagine someone who has been exposed to asbestos or another illness related substance. People rarely consider the hazards that are present in an office, yet there are quite a few different accidents, injuries, and illnesses that can occur when you are employed in an office environment.

Orlando, Florida Office Workers Frequently Experience Fall Related Injuries 

Falling down is an extremely common source of injury in a variety of work environments, including offices. These kinds of incidents can occur because of poor lighting, damaged carpeting, spills, and various trip hazards. In some cases, office workers end up falling down stairs that are damaged or slick. The employer and management should make efforts to keep the work area safe by maintaining the floors and carpets, cleaning up spills, and ensuring that trip hazards like wires are placed in a safe and out of the way location.

Orlando, Florida Office Workers Can Experience Heavy Lifting Injuries

While you might not associate office work with heavy lifting, there are plenty of injuries that occur from this very activity in offices throughout Orlando, Florida. In fact, the very point that you might not expect such injuries to occur is part of why they do. Office workers may not be properly trained in heavy lifting, because they aren’t expected to be lifting heavy objects in the course of their usual day. Yet, there are plenty of activities that occur in an office, which can include lifting heavy furniture, heavy boxes of supplies, etc. To prevent such injuries, office workers should be trained to lift with their legs instead of their backs, and seek out assistance from co-workers with any objects that are too heavy for one person.

Orlando, Florida Office Workers Can Experience Injuries From Strain and Repetition

When you do imagine work related injuries occurring in an office, those that are caused from strain and repetitive motion are the ones you’re most likely to think about. This is because office workers spend a large amount of time sitting, often in uncomfortable or strained positions, and are subject to posture issues and repetitive motion injuries from using their keyboards and computer mouse to complete clerical work.

These issues often result in back injuries, neck injuries, shoulder injuries, and repetitive motion injuries like carpal tunnel. The best way to avoid such injuries is to ensure that the chairs are designed to provide optimal support, that the workers maintain posture, and have ergonomic tools at their disposal. Further, it is important for office workers who spend a lot of time sitting to take frequent breaks, walk around, exercise, and stretch.

Should You Accept a Workers’ Compensation Settlement for Your Office Work Injury?

Whether or not it is in your best interests to accept a settlement in your Orlando, Florida workers’ compensation case depends on your unique circumstances, and is something that you need to discuss with an experienced attorney to make the best decision for you. However, there are many good reasons to consider accepting such a settlement, which we can go over and which you can learn more about from Farah & Farah with a free consultation.

The number one reason that many people choose to accept a workers’ compensation settlement rather than to seek the standard wage and medical benefits is because it takes the stress of the claim off of their shoulders, settles it entirely in one action, and allows them to close that chapter of their lives with peace of mind. This is because you no longer have to deal with a claims adjuster once you settle, you no longer have to see the doctor that your workers’ compensation insurance provider approves, and you no longer have wait for workers’ compensation wage benefits checks to come to you before you can pay your bills.

The ability to seek treatment from any doctor you choose is an important benefit for many people who are pursuing a workers’ compensation claim settlement. You may wish to see certain specialists which are not approved for coverage by the standard workers’ compensation medical benefits. It is also important to note that when you can only see an approved physician, you may have to wait longer for appointments and wait to for the insurance company to approve certain treatments and medications. Once you accept a settlement, you can choose any doctor you prefer to see and you won’t have to wait for approval for treatment. You also don’t have to worry about seeking further compensation for your prescriptions, medical devices, and mileage, or approval for these expenses before you can get the things you need.

Another common reason that office workers would prefer to accept a settlement, rather than continue with the typical wage benefits and medical benefits of workers’ compensation insurance is because they can have more financial freedom. This is because you get a settlement in a lump sum, and you can do what you need to with the money. Your bills don’t have to wait for the next check, and you can get the groceries you need when you need them.

Finally, many people who are dealing with a workers’ compensation insurance company are continuously concerned that their benefits may cease, that their checks won’t come, or that their treatment won’t be approved. Once you accept a settlement, all of these fears and concerns are eliminated, and you can finally relax.

Contact Farah & Farah for More Information About Workers’ Compensation Settlements

If you’re debating whether or not you ought to accept a workers’ compensation settlement in Orlando, Florida after your office injury, contact a dedicated Florida work injury lawyer at Farah & Farah to discuss your options.

Posted in: Workplace Accidents

Subway Chicken Class Action Lawsuit

By Farah & Farah on March 8, 2017

There is potentially a class action lawsuit facing restaurant chain, Subway, over chicken that may, in fact, not be chicken. On the 3rd of March, a lawsuit was entered in the U.S. District Court of Connecticut after news erupted concerning a DNA report that the “chicken” used in Subway’s chicken food products is actually only 53.6% chicken meat. The reported stated that some sandwiches came back with worse results than others, like the sweet onion teriyaki chicken sandwich, which was discovered to be 42.8% chicken DNA.

Per the report in the lawsuit, Subway is the only restaurant, among the ones tested, that had a quantity of plant-based DNA great enough to be recognized as a species of soy. The lawsuit, which is twenty-two pages, lays out the allegation that the Connecticut-based corporation pays a substantial sum of money to adequately deliver deceptive information to customers all over the U.S.

Craig Moskowitz, a Stamford resident, had the lawsuit filed on his behalf after claiming he is a regular consumer of Subway’s products.

As of Monday evening, no one has been available to comment from the fast-food chain, Subway, nor has a lawyer been appointed to the case. However, the chain did blast back on the claim using their own website and different social media outlets, stating that according to their own DNA analysis, the chicken is 99% chicken DNA and the soy DNA is not greater than a single percent. On the use of soy, Subway claims that the plant is added to keep food products full of flavor and moist.

Concerns have been raised by both scientists and the restaurant chain as to the procedure implemented in the original report. “[The report] used factually incorrect data to suggest the chicken Subway serves might not be all chicken,” stated on the restaurant chain’s webpage. “The claims made in the story are false and misleading. We use only chicken—with added marinade, spices and seasoning. Producing high-quality food for our customers is our highest priority.”

Attorney for the Plaintiff, Sergei Lemberg, gave a statement to the Connecticut Law Tribune that, as of Monday, he would be having his firm conduct their own study of the chicken, so as to determine the percentage of chicken DNA in Subway’s menu items. Lemberg, owner of Lemberg Law in Wilton, Connecticut, made the comment that it would be “a couple of months” before the study would yield any results. “We’ll wait for the results and for the discovery process to shed light on whether this chicken is or is not completely chicken,” Lemberg was quoted on the matter.

At this point, it is unclear how many individuals are eligible to join the lawsuit, according to the lawsuit, but it clear that the numbers could be in the millions. It has not been made clear what is necessary to be a party to the class action. On this Lemberg made the comment that it would have to be determined in the discovery, but that all that could be needed is a receipt from Subway indicating a purchase of a chicken product.

Compensatory, punitive and statutory damages are being sought in the lawsuit.

Is Your Explorer Poisoning You With Exhaust?

By Farah & Farah on March 2, 2017

A federal investigation is focusing on exhaust fumes filling the cabin of the popular SUV, Ford Explorer.

Many consumers have complained of a rotten egg smell coming from the back of Ford Explorers. That smell may be more than unpleasant, it may be toxic.   

A dash cam video shows Newport Beach, California officer Brian McDowell behind the wheel of his 2014 Explorer police cruiser.  CBS News reports he was responding to a call when he blacked out behind the wheel, crossed into ongoing traffic and crashed into a tree.

McDowell dislocated his shoulder, suffered traumatic brain injury and a broken eye socket. 

There was no medical reason for him to black out. McDowell had no drugs or alcohol in his system.

The smell may be carbon monoxide and the issue seems to occur while the vehicle is accelerating with the AC on.   

NHTSA finally launched investigation in July after 154 customer complaints about the 2011 to 2015 model Ford Explorers. Now, CBS reports there are 450 complaints and they include the 2016 and 2017 Explorer models. 

NHTSA reports there have been no serious injuries, though office McDowell’s accident could hardly be discounted as “not serious,” since he nearly died.   

Officer McDowell is suing.

In Florida, Angela Sanchez-Knutson sued Ford in 2014 over the odor in her car. After eight service visits to a Sunrise dealership, the dealership said it had no idea how to fix the problem. 

Her lawsuit claims consumer protections laws have been violated.

Last October, in response to the Sanchez-Knutson lawsuit, Ford agreed to a national settlement to benefit up to one million consumers.

Consumers who purchased or leased a 2011 to 2015 Ford Explorer are part of the class which offers several components of relief – first, repairs including additional sealing efforts and parts replacement including HVAC recalibration. 

If necessary, the exhaust tips and muffler assembly will be replaced. 

Consumers will be offered cash if they are out of a warranty period. 

If the problem is not fixed, Ford will buy back the car. 

One million Ford Explorer owners and lessees must be directly informed about the exhaust issue as part of the settlement. 

The settlement was reached after the trial began. 

For its part, Ford has issued three repair bulletins since 2012 so car dealers can fix the problem. The bulletins do not mention the “dangerous quantities” of carbon monoxide leaking into the passenger cabin, according to a lawsuit filed against Ford. 

Ford also says consumers should contact their local Ford dealer and the odor “poses no safety risk.”

To remedy the situation for now, police cars in Newport Beach carry monoxide detectors in the cabin. CBS News reports some have gone off.

Takata Pleads Guilty to Criminal Wrongdoing Over Its Airbags

By Farah & Farah on March 2, 2017

Sixteen Americans have lost their lives due to defective air bags and now we know what those lives were worth.

Japanese auto parts maker, Takata agreed to a $1 billion fine to settle criminal felony charges that the company concealed the defects in millions of air bag inflators over a 15-year period. 

The decision occurred in a Detroit federal courtroom on the last day of February after Takata struck a deal with the Department of Justice.

The problem is in the ammonium nitrate-based airbag inflator. It causes the airbag to inflate with too much force, sending metal shards into the passenger cabin and its inhabitants. 

In pleading guilty to criminal wrongdoing, Takata admitted it provided misleading test reports to automakers.

Included in the settlement is a $25 million criminal penalty and $125 million for victims.  Also Takata must pay $850 million to the car companies as restitution.

Takata’s chief finance officer blamed the actions of certain employees as “deeply inappropriate.”

So far 42 million vehicles are being recalled in the U.S. Approximately 180 injuries have occurred along with the 16 deaths.  All but one of the deaths occurred in Honda vehicles, reports Reuters.

Other automakers involved include Toyota, Ford, Nissan and BMW, which have conducted 31 million vehicle recalls over the issue since 2008.

All automakers purchased Takata airbags for their vehicles, despite their awareness that they posed a danger.

“These automakers acted recklessly by putting price ahead of consumer safety, says Eddie Farah of Farah & Farah. 

Those six automakers are the subject of lawsuits by consumers who allege they kept using airbags they knew were defective.

Consumers should check NHTSA to find out if their vehicle is affected by the Takata air bag recalls.

Is There a Driver in that Car? Florida Leads Nation in Lax Driverless Car Laws

By Farah & Farah on March 1, 2017

You’ve seen stories about driverless cars around the country.

The Department of Transportation issued guidelines for safety of passengers in driverless cars after a Florida driver, who relied on autopilot, crashed his Tesla into a tractor-trailer with fatal results. 

Despite that setback, Florida lawmakers are eliminating roadblocks to the new technology with the state ridding itself of a requirement that self-driving cars be on our roads for testing purposes only. 

Florida’s love with driverless cars began five years ago when Florida state senator, Jeff Brandes, invited two Google self-driving cars to Tallahassee. He announced it was an “education campaign to get people to understand that this is the future.” 

Since then, the Florida legislature has passed HB 7027 that allows fully automatic vehicles on our state roads without a driver. Florida now allows anyone with a driver’s license to be behind the wheel of a self-driving car for any purpose, even if they are operating the car on autopilot, as long as they are capable of bringing it to a full stop.

The theory is that a vehicle’s occupant can relax and tend to business, like talk on the cellphone, rather than attend to the dreary drudgery of driving. Never mind that mass transit, trains and buses also allow a passenger to relax while putting fewer vehicles on our already crowded roads.

But that makes too much sense. 

The first state to pass legislation generally becomes a model for the remainder of the country, so all eyes are on Florida, especially in the area of liability.    

For example, who is responsible when a driverless car goes haywire – the driver or the technology? 

Manufacturers such as Ford, Google, BMW, Volvo, among others, argue that the autonomous technology advances will reduce human-error that causes nearly 40,000 traffic deaths every year.    

That remains to be seen, but there are indications consumers, injured by the driverless technology, may have to seek compensation from a common insurance pool rather than lay fault with a manufacturer. 

Already, manufacturers want the government to preempt or prevent product liability claims from being filed after an accident with one of these vehicles. The theory is if there was federal premarket approval of the technology, tort claims against the automakers should not be allowed.

Not only does that shut the courthouse door to you and me but it relies on taxpayers to pick up the tab for injuries and deaths allowing manufacturers to escape any responsibility. 

That’s a sweet deal for them, but very bad for the rest of us.

Proton Pump Inhibitors- Be Careful of Larry the Cable Guy

By Farah & Farah on February 27, 2017

You might want to think twice before taking medical advice from Larry the Cable Guy.

Larry tells you to take “One pill every morning” of Prilosec OTC (over-the-counter) medication to treat your frequent heartburn by decreasing the amount of acid in the stomach. Go ahead and eat that greasy plate of ribs.   

We are looking at new cases of kidney injury among Americans who take Prilosec and its next generation of Proton Pump Inhibitors (PPIs), Nexium, the little purple pill, both blockbuster drugs for global drug company AstraZeneca.

The kidneys are a pair of organs located in the back of the abdomen. Their job is to filter the blood.  PPIs may damage the kidneys by causing magnesium levels to drop. The use of PPIs may also cause acute kidney inflammation.

Prilosec still doesn’t have a warning about AIN (Acute Interstitial Nephritis), a drug-related kidney disease that can lead to organ failure. Nexium’s label does not have any specific warnings about these side effects even though the first report of Prilosec-induced AIN was published in 1992.

A published study in JAMA (Journal of the American Medical Association) Internal Medicine in February 2016 found using PPIs is associated with a 20-50% higher risk of developing chronic kidney disease, than among nonusers.

The drugs are actually intended for limited use up to 14 days, three times a year, so Larry has it all wrong with his “Pill a Day” prescription.  Still the ads continue.

To make matters worse, AIN can be asymptomatic and permanent leading to acute kidney failure or kidney injury. Stage 5 is the complete loss of kidney function leading to kidney dialysis and/or a kidney transplant.

Anyone taking these drugs long-term who suspects kidney damage might want to consider a series of blood tests which include BUN testing to measure blood nitrogen, used to diagnose kidney function. 

Doctors can measure the amount of blood creatinine, a waste product, to test the kidney function. Calcium tests screen for kidney disease as does a blood phosphorous test. 

Patients with kidney failure may have severe anemia from a lack of red blood cells.

AIN should be diagnosed early to avoid permanent kidney damage.

Besides kidney damage, plaintiffs have named AstraZeneca’s PPIs in defective product lawsuits accusing the company of failing to warn about an increased risk of bone fracture, heart attack, stroke and dementia.

The Judicial Panel on Multidistrict Litigation held a hearing late January 2017 to consider whether the growing number of PPI cases should be consolidated into one federal court for pretrial proceedings.

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The attorneys of Farah & Farah in Jacksonville, Florida have experience with personal injury, medical malpractice, product liability, workers’ compensation, social security, injury and negligence lawsuits, family law and criminal defense. Eddie Farah and our team of Jacksonville attorneys are proud to represent working people and families throughout the country.

*Disclaimer: Not all results are provided and not all clients have provided testimonials, the results are not necessarily representative of results obtained by the lawyer, and a prospective client’s individual facts and circumstances may differ from the matter in which the results and the testimonials are provided.

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