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Yost Law Legal Blog

Baltimore, Maryland

The Yost Legal Group in Baltimore, Maryland is a multi – service personal injury law firm focusing on serious personal injury and wrongful death cases.

What is Fosamax?

January 6th, 2012

Fosamax is a bisphosphonate drug manufactured by Merck. Fosamax was approved for the treatment of osteoporosis in post-menopausal women.  Fosamax was offered as a medication that would increase bone mass in both men and women with osteoporosis.  Fosamax has also been promoted for healthy people as a means to prevent osteoporosis from advancing or developing.  As the drug’s popularity has risen, its side effects have become much more apparent.

The use of Fosamax and other drugs in the bisphosphonate family (Actonel – Procter & Gamble, Aredia – Novartis, Boniva – Roche, Didronel – Procter & Gamble, Reclast – Novartis, Skelid – Sanofi-Aventis, Zometa – Novartis) have shown a reduction in fractures for the first three years in women who had osteoporosis.  However, studies have revealed that the prolonged use of bisphosphonates, including Fosamax, for more than three years may actually have the opposite effect and make the bones more brittle.  Studies seem to show that use of Fosamax for greater than four years is counterproductive in terms of stopping factures.  A study published in the Journal of the American Medical Association (JAMA) in 2011 found that use of bisphosphonate therapy for greater than five years increased the risk of transverse femur fractures by 2.74 times.  That is an 175 percent increase.  A New England Journal 2008 study also found an increased risk of fracture with longer term use of bisphosphonates.  Therefore, the scientific literature questions whether the risks of taking bisphosphonates after four to five years outweigh the benefits.  If you have taken bisphosphonates such as Fosamax for an extended period of time, please consult with your treating physician.

Oftentimes, Fosamax injuries manifest as pain in the thigh.  They are often diagnosed as a stress fracture by x-ray.  If you have been using bisphosphonates for a number of years and have thigh pain, you should go to your doctor and request an x-ray.  If you have a stress fracture in your thigh, you should be referred to an orthopedist and may need a metal rod implanted.  Frequently, persons with Fosamax-related transverse femur fractures require operations on the second thigh.

If you or a loved one has been using Fosamax or other bisphosphonate drug for more than four years and have been diagnosed with a stress fracture or with a transverse femur fracture or a typical femur fracture, contact the defective drug attorneys at the Yost Legal Group.  We are experienced attorneys in representing people harmed by dangerous drugs.  We will help you to hold the drug manufacturers liable for the damage they have caused.  Contact us today for a free initial consultation.

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Erb’s Palsy Symptoms

December 29th, 2011

Erb’s palsy is a birth injury occurring when your child’s brachial plexus nerves become damaged during birth. These nerves surround the shoulder and control the shoulder, arm, and hand on that side of the body. This is a serious birth injury which can cause lifelong disability for your child.

The symptoms of Erb’s palsy may vary based on the extent of the nerve damage. In mild cases, your child may make a full recovery. However, in most cases, your child may suffer permanent nerve damage limiting the use of the arm, shoulder, and hand.

Common Erb’s palsy symptoms include:

  • Limp or paralyzed arm
  • Lack of muscle control in the arm, hand, or wrist
  • Lack of sensation in the arm or hand

Sadly, many cases of Erb’s palsy are preventable. When medical errors during the birth process are responsible for your child’s birth injury, you may be entitled to receive compensation through a medical malpractice lawsuit.

The Baltimore medical malpractice lawyers at the Yost Legal Group have been fighting for the rights of birth injury victims for more than 20 years. We understand that you and your family are facing difficult times, and we will aggressively pursue the compensation necessary to help your child receive the treatment he or she deserves.

Please contact the Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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Erb’s Palsy Treatment

December 27th, 2011

If your child suffered a birth injury resulting in Erb’s palsy, it is crucial that the condition be diagnosed and treated as soon as possible. Receiving treatment during the first few years of your child’s life can significantly impact the ability to reduce the severity of your child’s disability. Make sure your seek treatment from a doctor who specializes in brachial plexus injuries.

Your child’s Erb’s palsy treatment might include:

  • Physical therapy
  • Occupational therapy
  • Hydrotherapy
  • Nerve grafts
  • Surgery

Physical therapy and occupational therapy will work to improve the mobility of your child’s muscles and joints in the arm and hand damaged by the birth injury. This may include range of motion exercises intended to improve flexibility in the joints. In order to achieve the best results with this treatment, you will need to work with your child on a daily basis to make sure the prescribed exercises are performed properly.

Nerve grafts and nerve surgery may also be performed to improve your child’s arm function. For this procedure to be successful, it is best to have it done before your child turns one.

Unfortunately, Erb’s palsy treatment is often very expensive. You may incur substantial medical costs as well as long term rehabilitation to minimize the life-long limitations that accompany this condition.

If your child’s Erb’s palsy was the result of medical malpractice, the Baltimore birth injury lawyers at the Yost Legal Group can help you receive the compensation necessary to provide your child with the medical care he or she deserves. Our lawyers have extensive experience handling these complex claims, and we can accurately estimate the long term costs of treatment so that your settlement is adequate to help your child through this difficult, life-altering injury.

Please contact the Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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Birth Injury vs. Birth Defect

December 22nd, 2011

It is important to understand the difference between birth injuries and birth defects. Depending on the nature of the issue affecting your child, you may or may not be eligible to file a claim seeking compensation for your damages.

Birth defects, also called congenital defects, are conditions that develop prior to birth during the prenatal phase. They can be caused by a variety of factors, including:

  • Genetics
  • Environmental toxins
  • Infection
  • Abnormalities in the mother’s womb
  • Abnormal development while in the womb
  • Adverse reactions to drugs taken during pregnancy

In general, most birth defects are not preventable and therefore you usually won’t be able to receive compensation for your child’s injury. However, there are certain exceptions. If your child’s birth defect was caused by an adverse reaction to a drug taken by the mother during pregnancy, you may be entitled to receive compensation from the drug manufacturer in a pharmaceutical injurylawsuit. A common example of a drug that increases your child’s risk of a birth defect is Topamax, a popular epilepsy drug which often results in oral cleft injuries for the baby.

Birth injuries ariseduring labor and delivery. They often occur when a there is a problem during the birth process. If this problem was due to the doctor’s negligence, you may be entitled to receive compensation through a medical malpractice lawsuit.

The Baltimore medical malpractice lawyers at the Yost Legal Group have been helping the victims of birth injuries for more than 20 years, and we have extensive experience handling these complex claims. We will thoroughly review the details of your case to determine whether negligence played a role in your child’s injury. If so, we will fight aggressively to help you receive the compensation you deserve.

Please contact the Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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What is Cerebral Palsy?

December 19th, 2011

Cerebral palsy is a birth injury affecting thousands of babies every year. It occurs when the baby’s brain does not receive a proper supply of oxygen during delivery and the baby suffers anoxic brain injury. Children suffering from cerebral palsy experience developmental issues associated with movement, muscle tone, and posture.

You can generally start spotting the warning signs that your child has cerebral palsy during the first three years of life. One of the most common symptoms is a delay in the development of certain motor skills such as crawling, sitting up alone, smiling, or walking. Other symptoms include:

  • Muscle tone issues – either muscles that are too rigid or too floppy
  • Lack of muscle coordination
  • Tremors or involuntary movements
  • Favoring one side of the body
  • Difficulty walking
  • Excessive drooling
  • Difficulty eating or swallowing
  • Delays in speech development
  • Posture issues

In many cases, cerebral palsy is caused by medical malpractice. Common medical errors which lead to this serious birth injury include:

  • Keeping the baby in the birth canal too long
  • Excessive use of vacuum extraction
  • Improper use of forceps
  • Failure to recognize signs of fetal distress
  • Failure to order a timely Caesarean section
  • Failure to act on dangerous fetal heart rate fluctuations
  • Improperly administered medications
  • Failure to properly monitor newborns

The experienced medical malpractice lawyers at the Yost Legal Group have been fighting for the rights of victims of birth injuries for more than 20 years. We have seen firsthand the devastation caused by these tragic events, and we will work tirelessly to help you hold the negligent healthcare professional accountable for your child’s damages.

Please contactthe Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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What is Erb’s Palsy?

December 16th, 2011

Erb’s palsy is a condition occurring when the brachial plexus network of nerves which control the shoulder, arm, and hand become damaged during birth. This birth injury is often caused by the baby’s shoulder becoming wedged behind the mother’s pubic bone as it exits the birth canal, a condition called shoulder dystocia. Approximately 5,000 children develop Erb’s palsy every year.

Sadly, these children experience significant challenges throughout life as a result of this injury. Erb’s palsy can cause paralysis of the hand, arm, and shoulder controlled by the damaged nerves. This can lead to the following symptoms:

  • Lack of muscle control and/or loss of feeling in arms or hands
  • Ability to move the arm, but minimal control over the wrist and hand
  • Functional use of the hand, but not the shoulder or elbow

In many cases, Erb’s palsy is the result of medical negligence. Your doctor has a responsibility to identify potential risk factors of shoulder dystocia and adjust the delivery process accordingly. When a doctor fails to identify these risk factors or take the appropriate measures after detecting them, it constitutes medical malpractice.

If you believe your child’s Erb’s palsy was caused by medical malpractice, the attorneys at the Yost Legal Group can help you hold the negligent parties accountable. We will fight aggressively to ensure you receive the compensation you deserve.

Please contactthe Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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Risk Factors for Shoulder Dystocia

December 12th, 2011

Shoulder dystocia is a birth injury occurring when a baby’s shoulder gets stuck behind the mother’s pubic bone during labor. If not properly handled, it can result in complications such as Erb’s palsy, a condition marked by damage to the brachial plexus nerves which control the shoulder, arm, and hand; diaphragm paralysis, marked by damage to the phrenic nerve; clavicle fracture; or hypoxic-ischemic encephalopathy (“HIE”).

There are several risk factors which may indicate an increased risk of shoulder dystocia during birth. These include:

  • Gestational diabetes
  • Maternal obesity
  • Excessive weight gain during pregnancy
  • Baby weight greater than 9 pounds at birth
  • Post term pregnancy
  • Protracted/prolonged labor

Your doctor has a responsibility to evaluate these risk factors and act appropriately if any of them are present. In most cases, shoulder dystocia can easily be avoided by performing a Caesarean section. If your doctor fails to properly identify these risk factors or take the appropriate precautions when they are present, it constitutes medical malpractice and you may be entitled to receive compensation for your child’s injuries.

The Baltimore medical malpractice lawyers at the Yost Legal Group have been fighting for the rights of birth injury victims for more than 20 years. We will provide you with aggressive representation in order to ensure that the negligent healthcare professionals are held accountable for your child’s damages.

Please contactthe Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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Can Erb’s Palsy be Prevented?

December 9th, 2011

Erb’s palsy is a birth injury occurring when the brachial plexus, a network of peripheral nerves which control the shoulder, arm, and hand become damaged during birth. Children who develop Erb’s palsy will experience paralysis of the body part controlled by these nerves. This can result in lack of muscle control, loss of sensation in the arm or hand, and an inability to move the arm or shoulder.

In most cases, Erb’s palsy is preventable if the doctor involved in the delivery of your baby accurately assesses the risk factors. Your doctor must evaluate the safety of a vaginal birth based on the size and position of the baby as it is ready to enter the birth canal. In situations where a vaginal birth may result in the development of Erb’s palsy, the doctor should perform a Caesarean section. If your doctor decides to move forward with a vaginal birth, he or she must use the appropriate techniques to ensure that your baby’s shoulder does not get stuck in the birth canal.

Examples of medical errors that may cause Erb’s palsy include:

  • Failure to accurately estimate the baby’s weight prior to delivery
  • Failure to perform a Caesarean section when necessary
  • Failure to diagnose or treat gestational diabetes
  • Failure to inform parents of the risks associated with delivering a large baby through a vaginal birth
  • Failure to perform accepted delivery techniques for managing shoulder dystocia
  • Use of unnecessary or excessive force during delivery

If your baby developed Erb’s palsy due to a medical error, you may be entitled to receive compensation for your damages. The Baltimore medical malpractice lawyers at the Yost Legal Group have extensive experience handling birth injury claims, and we will fight aggressively to ensure you receive the compensation you deserve.

Please contact the Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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What are the Early Signs of Cerebral Palsy?

December 8th, 2011

Early signs of cerebral palsy can generally be detected before your child reaches the age of 3. In general, parents are the most likely to notice these early warning signs since they have the most intimate knowledge of their child’s development.

According to the National Institutes of Health (NIH), the most common sign that an infant may have cerebral palsy is a delay in the development of basic motor skills. This is generally reflected in your child being slow to reach certain developmental milestones such as learning to roll over, sit, crawl, smile, or walk.

Your child may also have abnormal muscle tone. This may be manifest in one of two ways. Hypotonia results in decreased muscle tone, causing your baby to seem floppy or relaxed. Increased muscle tone is called hypertonia, and babies with this condition may seem rigid and stiff. It is not uncommon for a baby to experience hypotonia for the first two or three months and then shift to hypertonia. Babies with cerebral palsy may also display unusual posture or favor one side of their body.

While there are certain instances where cerebral palsy is caused by genetic or other unpreventable factors, it is also caused by birth injuries due to medical errors during prenatal care or labor and delivery which deprive the baby of oxygen and result in anoxic brain injury. If you believe your child’s cerebral palsy was caused by medical malpractice, the lawyers at the Yost Legal Group can help you receive the compensation you deserve.

Please contact the Yost Legal Group today to schedule your free initial consultation. We serve clients in Baltimore, Maryland.

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What Causes Cleft Palate?

November 30th, 2011

Cleft palate is a fissure in the roof of the mouth. This birth defect occurs when the palate fails to completely fuse during embryonic development. Cleft palate is often caused by genetic factors, environmental factors, or a combination of the two.  The environmental factors usually are exposures that occur during the first trimester which are cigarette smoking, alcohol consumption and prescription medications or environmental toxins.  Some medications, when used during the first trimester of pregnancy, have been associated with increased risk of cleft palate.

Medications taken which cause birth defects are called teratogens.  A pharmaceutical drug that is a teratogen causes defects in the embryo formation with result in structural or functional abnormalities.  Much of the baby’s structural development occurs in the first 12 weeks of life.  It is believed that the palate is formed between 5 weeks and 9 weeks of gestation.  Usually, mothers are not even aware they are pregnant for the first 5 weeks.  Some teratogen drugs stay in the mother’s system for an extended period of time and, if taken before becoming pregnant, may still affect the baby.  The individual drug companies and the FDA both have oversight responsibilities to investigate and report birth defects when mothers have been exposed to pharmaceutical drugs during their first trimester of pregnancy.

•           Topamax is a prescription drug used to treat chronic migraines.  The use of Topamax has been associated with the increased risk of cleft palate.

•           Depakote is an anticonvulsant also used to treat bipolar disorder.  Use of Depakote has also been associated with the risk of cleft palate, as well as other birth defects.

•           Clomid is a medication used to treat cystic ovaries, as well as increase ovulation for fertility purposes.  Recent studies have associated the use of Clomid from up to two months before conception to the first month of pregnancy with incidents of cleft palates and other birth defects.

•           Acutane is an acne medication which has been associated with the incident of cleft palate.

•           The family of SSRI drugs which include Paxil, Zoloft, Celexa, Effexor and Wellbutrin taken during the first trimester of pregnancy have also been associated with cleft palate.

Most mothers are advised when they receive prenatal care to avoid most pharmaceutical drugs which are known to cause birth defects.  Frequently, drug companies knew or should have known that drugs were teratogens long before they made this information available to doctors.

If you or a loved one has had a child born with a birth defect, including cleft palate, contact the attorneys at the Yost Legal Group.  We will help you to find answers to determine whether or not a defective pharmaceutical drug has played a role in your child’s birth defect.  If a doctor, pharmacy or drug manufacturer failed to act reasonably, we will help you to obtain compensation through a defective drug lawsuit.  Please contact the Yost Legal Group today for a free initial consultation.

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