Posted by Jared Faerber of The Faerber Law Firm, P.C .

     Many types of cancer are curable- particularly if caught early.  For example, if a breast cancer diagnosis is made at Stage 0 or I, the five-year survival rate is close to 100 percent.  However, if the diagnoses is missed, the chances for a better outcome decline.  At Stage IV, for example, the five-year survival rate is typically less than 20 percent.  Early diagnosis is therefore key.  A missed or delayed diagnoses of cancer due to medical negligence is therefore often actionable in Utah and other states. 

    Delayed or misdiagnosed cancer cases often involved common causes.  These include the misinterpretation of chest x-rays, mammograms, PAP smears, and other tests.  Other negligent causes of a delayed diagnoses might include a physician minimizing or ignoring your complaints, relying on a less than definitive means of diagnosis when a definitive test, such as a biopsy, is available.  Sometimes doctors might improperly assume your complaints have a "benign" cause.  For example, they might attribute rectal bleeding to hemorrhoids when your symptoms might warrant further testing and investigation. 

    Missed diagnoses of cancer cases involve a loss of chance for a better outcome.  These are real and tragic injuries.  My firm has successfully handled delayed cancer diagnoses lawsuits on behalf of people in Utah and Salt Lake City and can help you or your loved one seek justice.  We work with oncologists and other experts nationwide to prove your claim.  Feel free to contact us online or call (801) 943-1005 directly for a free consultation. 

     On August 26, 2010, DePuy Orthopaedics finally announced the recall of its defective hip implants.  DePuy Orthopaedics, a division of Johnson and Johnson Services, Inc., manufactured the ASR XL Acetabular Hip Replacement System and the ASR Hip Resurfacing System (“ASR Hip Implants”).  It is estimated that a total of 93,000 implants are affected. 

      Patients experiencing pain associated with their hip implants should seek professional medical help right away. Patients have experienced a variety of symptoms including hip pain, swelling of the hip, problems walking, and others.   In the most severe cases, patients may need revision surgery.  This is a painful, costly, and invasive procedure requiring months of recovery.  Approximately 12-13% of DePuy hip replacements patients have required replacement surgery already. 

     DePuy has identified reasons for the failure of the devices as component loosening, malalignment, infection, fracture of the bone, dislocation, metal sensitivity and pain.  The DePuy ASR has also been associated with increased metal ion levels in the blood.  Recent information published by the British Orthopaedic Association indicates that failure rates at six years may be as high as 49%

     Hundreds of lawsuits around the country have been filed seeking compensation, including pain and suffering, medical expenses, and other losses on behalf of those injured due to these defective implants. 

     The Faerber Law Firm, PC is currently investigated potential DePuy hip implant cases.  If you or a loved one have experienced problems due to a DePuy hip implant, it is important to contact a local experienced personal injury and product liability lawyer.  Contact a Utah DePuy hip implant lawyer at the  The Faerber Law Firm, PC at 801-990-3225  for a free, no obligation consultation to learn about your rights today. 

     Not so tasty.  The Salt Lake Valley Health Department has issued a hepatitis A health alert for people who ate at a Salt Lake City Quizno's restaurant on August 6 or 7. Patrons of the Quizno's at 30 East Broadway (300 South) on August 6 or 7 are urged to get an injection of immune globulin (IG) or Hepatitis A vaccine as soon as possible. No other Quiznos restaurants were affected.  Vaccinations will be available at the Salt Lake Valley Health Department City Clinic at 621 South 200 East on Thursday, August 19 until 5:00 p.m., Friday, August 20 from 8:30 a.m. to 6:30 p.m. or Saturday, August 21 from 8:00 a.m. to 12:00 p.m.

     But wait, there's more. . .  The health department is also saying that people who ate at the restaurant between July 27 and August 5 may also have been exposed, but would not benefit from immunizations, as the shots must be given within 14 days of exposure. Those individuals should watch for any symptoms of hepatitis A, which include nausea, vomiting, dark urine and jaundice (yellowing of the skin and eyes), abdominal pain, clay-colored bowel movements, joint pain, fatigue, and fever.  Some people with hepatitis A may not have any symptoms.  It's important to contact health care providers immediately.
 
     Hepatitis A is a contagious liver disease that results from infection by the hepatitis A virus. It can range in severity from a mild illness lasting a few weeks to a severe illness lasting several months. Hepatitis A is usually spread when a person ingests fecal matter — even in microscopic amounts — via contact with objects, food, or drinks contaminated by the feces or stool of an infected person.

     The Faerber Law Firm, PC is currently investigation potential claims for exposure to Hepatitis A or illnesses associated with this outbreak.  Those potentially exposed or ill may contact The Faerber Law Firm at (801) 277-4339. 
 

The Faerber Law Firm, P.C. (Salt Lake City, Utah), The Lance Firm, P.C. (Salt Lake City, Utah),  and Marler Clark (Seattle, Washington) mailed a Notice of Claim  to the City Manager of Saratoga Springs today, on behalf of a victim of the recent Campylobacter outbreak linked to the city’s drinking water supply.  Today’s filing gives the City and its public works department official notice that the victim, through her attorneys, intends to take legal action for the injuries that she suffered.  The Notice of Claim is a prerequisite to filing a lawsuit. 

The City of Saratoga Springs issued a boil water notice to the residents of the northern section of the city after it was discovered that Campylobacter in the water was making residents ill. The order began on May 13 and remains in place as the City works to eliminate the pathogenic bacteria from the water.

At least seven others have been confirmed ill with Campylobacter infections, and many others suffered without confirmed diagnoses due to the city water contaminated with Campylobacter. 

Residents should have the right to rely upon a safe water supply, free of dangerous contaminates.  Attorneys from the Faerber Law Firm, P.C. hope the city will do the right thing in responding to this, and other, claims.   

Posted by Utah Attorney Jared Faerber of The Faerber Law Firm, P.C .

      Utah media outlets are reporting Saratoga Springs residents are being advised to boil their drinking water due to several cases of people exhibiting flu-like symptoms.  City manager Ken Letham has identified the bacteria as campylobacter.  Apparently, the boil order is affecting residents of the following subdivisions:

     Harvest Hills, Aspen Hills, Sunrise Meadows, Dalmore Meadows, Summer Village, Sunset Haven, Sierra Estates, Riverbend, The Cove at Jordan River, The Gables, Sergeant Court, Daybreak at Harvest Hills and Hillcrest Condominiums.

   Boiling water for at least one minute could help reduce the risk of picking up the contaminate.  As an alternative, residents can drink bottled water. 

     Most people who become ill with campylobacteriosis get diarrhea, cramping, abdominal pain, and fever within 2 to 5 days after exposure to the organism. The diarrhea may be bloody and can be accompanied by nausea and vomiting. The illness typically lasts 1 week. Some persons who are infected with Campylobacter don't have any symptoms at all. In persons with compromised immune systems, Campylobacter occasionally spreads to the bloodstream and causes a serious life-threatening infection.  For more information about campylobacter visit http://health.utah.gov/epi/fact_sheets/campy.html.

     The source of the contamination has not been reported at this point. At least 12 people have developed flu-like symptoms.  We will be following this closely.

The first E. coli lawsuit against National Steak and Poultry (NSP), an Oklahoma meat manufacturing facility, was filed today in the Third Judicial District Court in Salt Lake City. The civil suit was filed by by Utah attorneys Jared Faerber and Dustin Lance and Seattle attorneys Marler Clark on behalf of a child sickened in the E. coli O157:H7outbreak linked to NSP beef products. The lawsuit also names as yet unidentified"John Doe" companies that may have been involved in distributing the tainted meat products.

The recall linked to National Steak and Poultry was announced on Christmas Eve 2009. It included 248,000 pounds of beef products potentially contaminated with E. coli O157:H7, a toxic pathogen. NSP announced the recall after the USDA and CDC became aware of a cluster of E. coli O157:H7 illnesses linked to the product in six states. Ultimately, the E. coli O157:H7 outbreak was expanded to twenty-one people in 16 states. The victims live in California, Colorado,Florida, Hawaii, Iowa, Indiana, Kansas, Michigan, Michigan, Nevada, Ohio,Oklahoma, South Dakota, Tennessee, Utah, and Washington State. According to the CDC, most of the people sickened in the outbreak fell ill between mid October and late November; nine were hospitalized; and one person developed hemolytic uremic syndrome (HUS), a life-threatening complication, as a result of their E. coli infection. Most of the meat was distributed to restaurants.

According to the lawsuit, Utah resident "CD" was infected with E.coli O157:H7 in October 2009. Within days of consuming contaminated meat, he began to experience severe E. coli symptoms including agonizing abdominal cramps and diarrhea that soon turned bloody. When his symptoms worsened, his parents rushed him to the ER at Columbia Lakeview Hospital in Bountiful, Utah where he was diagnosed with gastrointestinal bleeding; his parents were ultimately directed to take him to Primary Children's Medical Center due to his deteriorating condition. CD remained hospitalized at Primary Children's Medical Center in Ogden, Utah from November 2 through 4, 2009. He was diagnosed with infectious colitis, and a stool specimen that he submitted during his hospitalization soon tested positive for E. coli O157:H7. CD's parents learned from officials from the Centers for Disease Control and Prevention that the strain of E. coli O157:H7 that had infected their son matched the outbreak strain linked to the defendant National Steak Processor's beef products.

The lawsuit was filed by Utah attorneys Jared Faerber of The Faerber Law Firm, P.C. and Dustin Lance of The Lance Firm, P.C.  together with Seattle, Washington lawyers Marler Clark.   Mr. Lance and Mr. Faerber are experienced Utah trial lawyers, and have both previously represented Utah residents sickened by contaminated food products. Moreover, both Utah counsel have worked with Mr. Marler and his firm on past foodborne illness cases within the State of Utah.

For more information contact Jared Faerber at (801) 990-3225

Posted by Jared Faerber of The Faerber Law Firm, P.C.

    Some have used the current health care reform debate as an opportunity to introduce so-called tort reform.  "Tort reform" being code for limiting or restricting a patient's right to recover in medical malpractice claims in Utah and throughout the nation.  The reality, however, is that the direct costs associated with medical malpractice are a tiny fraction of health care costs in the United States.  According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims was $7.3 billion dollars in 2007.  This is just 0.3% of health care costs of $2.2 trillion for the same period. 

   Clearly, compensating victims of medical malpractice is not a driving force in the skyrocketing costs of health care.  Reformers then argue that so-called "defensive medicine" is driving up the costs.  Defensive medicine is the dubious assertion that doctors are frightened into ordering billions of dollars worth of unnecessary tests to avoid litigation.  This is a red herring.  The medical malpractice law in Utah and other states does not require a doctor to order unnecessary tests to comply with the standard of care expected of a physician or other health care professional.  In fact, ordering completely unnecessary tests is arguably malpractice itself because it subjects the patient to unwarranted risks associated with a test without a benefit.

    A 2008 report by the Congressional Budget Office (CBO) found that the evidence of defensive medicine is "not conclusive, and whether limits on malpractice torts have an impact on the practice of medicine has been subject to some debate."  The CBO also noted that "some so-called defensive medicine may be motivated less by liability concerns than by the income it generates for physicians or by the positive (albeit small) benefits to patients."  It should be remembered that in a fee-for-service environment, each procedure or test ordered by a doctor generates income to that doctor or the hospital and clinic, which are often owned by the physician. 

   The bottom line is that is it wrong to attempt to shift the burden of malpractice onto the victims themselves.  Real savings to the health care system could be achieved in Utah and throughout the nation by reducing medical and surgical errors.  According to the Institute of Medicine as many as 98,000 Americans die each year as a result of medical errors.  The costs associated with these errors are estimated to be as high as $29 billion annually.   This does not include those severely injured and traumatized by preventable medical errors.

    

By Jared Faerber of The Faerber Law Firm

    No one expects to report for an abdominal or knee surgery and come out of the operation with a permanent nerve injury or burn to a completely different part of the body.  Yet this occurs more often than necessary in Utah hospitals and surgical centers.  It is often the result of malpractice. 

    Improper positioning and padding during surgery can lead to compression neuropathy, A condition wherein nerves become compressed or entrapped due to trauma, pressure, and inflammation.  The result can be permanent loss of nerve function, numbness, pain, and weakness.  Although procedures such as carpal tunnel release can improve symptoms, many nerve injuries are permanent and disabling.  Surgical patients also occasionally suffer burns during procedures due to the misuse of heating pads. 

    How can a patient's lawyer in Utah prove a compressional neuropathy or burn resulted from negligence during a surgical procedure rather than from some other cause?  After all, the patient is completely unconscious and has no way of knowing exactly what occurred during the procedure. 

    Utah law is uncharacteristically favorable to injury victims in these cases.  The legal doctrine of res ipsa loquitur may allow the injured party to raise an inference of negligence.  Simply put, res ipsa applies when the injury is the kind of thing that usually doesn't happen unless someone made an error, the defendants had control of the situation, and the injured patient did not cause their own injury.  See Baczuk v. Salt Lake Regional Medical Center, 8 P.3d 1037 (Utah Ct. App. 2000). 

   As a Utah medical malpractice attorney, I have successfully brought these types of claims for injured plaintiffs.  I have helped those who have suffered ulnar neuropathy, compartment syndrome, and other injuries during surgery.  They are not easy claims, even with the favorable law, as defendants will sometimes contest the severity of the injury even if they admit liability.  Yet injury victims deserve a fair opportunity to recover for situations they did not expect or create.  I enjoy helping patients reach this goal.

Jared Faerber of The Faerber Law Firm

Insurance companies deliberately delay, deny, and defend automobile accident injury claims in Utah and other states around the country.  CNN and Anderson Cooper, among others, have conducted extensive investigations to reveal these types of practices in the insurance industry. 

 

Former insurance industry insiders have reported strategies implemented by many insurance companies to limit and deny legitimate claims in minor injury cases.  As a result, insurance companies have reaped billions of dollars in profits.  Have the companies passed on these profits to consumers in the form of lower premiums?  Hardly.  Premiums are as high or higher than ever. 

 

Three elements were the focus of the strategy: delay, deny and then defend the claims in court.  The insurance industry claims these strategies were not to be used against legitimate claims, but only to fight fraud.  The individuals highlighted in CNN’s report, however, say otherwise.  Injured parties would be forced to spend years and years in court in an attempt to resolve even small claims.  In my years of experience as a Utah personal injury lawyer, I’ve also seen insurance companies such as Allstate, State Farm, and Farmers deny legitimate claims and fight aggressively to avoid paying fair value. 

 

The insurance industry has also fought a new Washington State law requiring insurance companies who deny legitimate claims and later lose in court to pay three times the damages, plus attorneys’ fees.  Known as the Fair Conduct Act, this law passed the legislature and was signed by the governor of Washington.  Insurance companies have filed a referendum to try to get the law off the books.  They have spent millions on television commercials and other advertising to defeat the law.   If the industry is only using its deny, delay, and defend strategy on fraudulent claims, why are they so afraid of this law? 

According to the story, in 2005, homeowner’s and auto insurance companies made a record 44.8 billion in profits, a 19% increase from 2004.  The industry again made record profits in 2006, and continued to do well in 2007.  Of course there is nothing wrong with making a profit, but doing so through dishonest practices on the backs of the injured is horrible. 

For the complete CNN story, see:

 

http://www.youtube.com/watch?v=IvPW087RiJ8&feature=related