We focus on healing first
We help you get the proper treatment, help you understand how it will be paid for, and then we focus on what the value of the claim is.
We help you get the proper treatment, help you understand how it will be paid for, and then we focus on what the value of the claim is.
Inserra | Kelley | Sewell, Injury Attorneys are ready to help. Call us at 800.642.1242 today.
Inserra | Kelley | Sewell, Injury Attorneys have been in Omaha over 60 years. Our team has the experience you need to get the results you deserve.
INSERRA KELLEY SEWELL is a litigation and trial practice law firm dedicated to representing injured plaintiffs and enforcing the laws that hold wrongdoers and their insurance companies responsible for the harm inflicted upon our clients and their families.
“Focused On Healing, Then Results,” is a commitment we make to all of our clients. We help and guide our clients step-by- step through the initial injury, the pain and uncertainty of the healing process, and complications caused by medical bills, lost wages, and the insurance claims procedure. After all injuries have been properly documented and treated, we shift our focus to obtaining the maximum nancial result from the wrongdoer’s insurance company.
INSERRA KELLEY SEWELL has the experience and skill set to promptly and professionally resolve all types of serious and catastrophic injury claims. When you hire INSERRA KELLEY SEWELL you can be assured you will receive the following:
FDA Recalls Stryker Spine Oasys Midline Occiput Plate
The United States Food & Drug Administration (FDA) has issued a Class 1 Recall on the Stryker Spine OASYS Midline Occiput Plate, used as an implant in spinal surgeries. The recall was issued as a result of reported fractures of the pin that connects the implant’s tulip head to the plate body. On May 30, 2013, Stryker, the maker of the implant, had issued an Urgent Medical Device Recall requesting medical facilities to immediately stop using or distributing recalled lots. In June of 2013, Stryker notified spinal implant surgeons to begin routine clinical and radiographic post-operative evaluation for patients with an implant.
The FDA recommends an urgent evaluation if a patient with an implant begins to experience pain, weakness or numbness. After revision, Stryker recommends routine post-operative care and follow-up.
Stryker has learned that in cases where a post-operative fracture occurs in the pin that connects the tulip head to the plate body, serious side-effects can occur, including blood loss, nerve injury and the necessity of a revision surgery to attempt to replace a fractured implant. Affected products were distributed between April 23, 2010 and February 12, 2013 and include an estimated 1,536 units in the United States and another 880 abroad.
If you or a loved one has experienced any of the above symptoms, contact an attorney experienced in evaluating these types of claims. Compensation recovered can help pay for medical expenses, lifestyle changes due to disability, economic and emotional damages.
Granuflo/Naturalyte Litigation Demonstrate Potentially Devastating Effects for Patients of Dialysis
On March 29, 2012, the United States Food & Drug Administration (FDA) issued a Class 1 recall of a popular dialysis drug called GranuFlo, along with its sister drug Naturalyte. According to the recall, these products can lead to “a high serum bicarbonate level in patients undergoing hemodialysis”. This could contribute to additional side effects such as metabolic alkalosis, a significant risk factor which has been associated with low blood pressure, hypokalemia, hypoxemia, hypercapnia and cardiac arrhythmia, which could also result in heart attacks or cardiopulmonary arrest.
Evidence that Granuflo/Naturalyte could lead to such serious and devastating injuries, up to and including death, during dialysis led the FDA to take action in the form of a serious recall. Unfortunately, these drugs still remain on the market, despite the fact that lawsuits have begun to emerge based on the terrible effects of the drugs. Although not inherently dangerous products, NaturaLyte and GranuFlo can become lethal when mixed and administered incorrectly. GranuFlo is the only acetic acid containing drug that also has sodium di-acetate. The sodium acetate gets converted into bicarbonate by the patient’s liver, which results in increased bicarbonate levels beyond prescribed limits and causes an increased risk of metabolic alkalosis.
DaVita Healthcare, a national dialysis treatment provider that uses both GranuFlo and NaturaLyte during hemodialysis, is currently facing four class action lawsuits in the US District Court for the District of Colorado resulting from the adverse health effects associated with improper use of the drugs. Both drugs are made by Fresenius Medical Care. Lawsuits brought against Fresnius Medical Care are based on allegations that Fresnius knew about the possibility of adverse effects from its products but failed to warn doctors and facilities outside of the company.
If you or a loved one has suffered adverse effects during dialysis, please contact an attorney experienced in evaluating these types of claims. Compensation recovered can help pay for medical expenses, lifestyle changes due to disability, economic and emotional damages, as well as funeral expenses for the worst cases.
Nebraska Lawsuits Emerge from Cyclospora Outbreaks
The second lawsuit has now been filed in Nebraska stemming from a multi-state Cyclospora outbreak from salad mix served at Olive Garden Restaurants. The lawsuit was filed in Lancaster County, Nebraska on behalf of a pregnant mother-to-be who dined at Olive Garden in Lincoln, Nebraska. Symptoms include diarrhea, vomiting, nausea, fever and chills, dehydration, loss of appetite and related weight loss. Cyclospora is diagnosed through a stool sample and treated with antibiotics. The multi-state outbreak has reportedly affected over 86 Nebraskans and 535 cases throughout 18 states.
The salad mix has also affected those who have eaten at Red Lobster locations. The Cyclospora parasite has been traced back to Taylor Farms in Mexico, which ships to both Olive Garden and Red Lobster locations. The parasite is spread by ingestion of food or water contaminated with feces. If you are suffering from the symptoms of Cyclospora parasite listed above and have eaten at Olive Garden or Red Lobster recently, see your doctor to have a stool test completed. An attorney with experience in claims dealing with food-borne illness can evaluate your claim.
Appeals Court Grants Plaintiff Day in Court
The Nebraska Court of Appeals has granted the mother of a deceased 15-year old a chance to present her case to a jury, reversing the dismissal of a lower Court. The case stems from a crossing accident in which the plaintiff’s ex-husband was traveling in a car along with his 15 year old son and drove onto train tracks in December of 2007, failing to adhere to the warning lights and oncoming train’s horn in December of 2007.
The lower Court granted Union Pacific’s Motion to Dismiss based upon allegations that the negligence of the father was the sole proximate cause of the collision. The plaintiff alleged that Union Pacific was also negligent by failing to remove the concrete signal base which the ex-husband’s vehicle was pushed into by the train upon impact.
Although the lower court dismissed the case stating the state law in effect at the time of the crash required the father to be grossly negligent in order to be held liable for damages, the appeals court reversed the dismissal, stating a jury should decide the merits of the plaintiff’s claims that the concrete barrier constituted active negligence by Union Pacific. The appeals decision stated that the matter of gross negligence was a factual dispute to be decided by the trier of fact, a jury.
Another Big Win for Vaginal Mesh Plaintiffs
The newest verdict in the lawsuits regarding vaginal mesh injuries brought an award of $250,000.00 in compensatory damages, in addition to $1.75 million in punitive damages. However, under Georgia law, 75% of the punitive damages award will be handed over to the state’s general fund. The verdict sent a very clear message to C.R. Bard, Inc. that injuries caused as a result of defective products, failure to warn and “malice, fraud or wantonness” in mishandling of medical devices would not be tolerated. Allegations in the case included egregious contentions that Bard officials put profits ahead of safety and ignored warnings about defects in the implants. Bard argued that it had “no intent to harm” in the case.
In this case, the plaintiff’s injuries included perforation of her internal organs, vaginal scarring, pelvic pain, and pain during intercourse. The damages to the plaintiff were so severe it required a revision surgery and caused significant negative impacts to her quality of life.
The New Jersey case is only one of more than 8,000 other claims against Bard. Although an appeal is expected, Bard suffered a 1.7 percent drop in stock after the verdict. This is the second large verdict against Bard, who suffered a $5.5 million verdict in California last year in the first ever vaginal mesh trial. Under California law, Bard will only be liable for $3.6 million of the initial award.