Personal Injury Law Specialist in Phoenix, Arizona

Phoenix, Arizona plaintiffs personal injury and medical malpractice attorney Steve Leshner is one of the co-authors of the Chapter on Negligence in the Arizona Tort Law Handbook 2012, published by the State Bar of Arizona, which will be available to the public on October 1, 2012.

http://www.legalspan.com/azbar/calendar.asp?UGUID=&ItemID=20120824-314499-132139

Stephen I. Leshner of Phoenix, Arizona has been selected for inclusion in the 2012 edition of The Best Lawyers in America^®in the practice area of Personal Injury Litigation – Plaintiffs. For nearly three decades, Best Lawyers has been regarded, by both the profession and the public, as the definitive guide to legal excellence in the United States.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.9 million confidential evaluations by fellow top attorneys) and because no fee or purchase is required to be listed, inclusion in Best Lawyers is rightly considered a singular honor. The annual, advertisement-free publication has been described by The American Lawyer as the most respected referral list of attorneys in practice.

Antidepressants including Celexa, Effexor, Lexapro, Paxil and Zoloft have been linked to an increased risk of birth defects.

Antidepressants (SSRIs [selective serotonin reuptake inhibitors]), such as Celexa (citalopram), Effexor (venlaxafine), Lexapro (escitalopram), Paxil (paroxetine) and Zoloft (sertraline), since September of 2005 have been suspected to cause birth defects including:

• Heart (cardiac)
• Lung (pulmonary)
• Brain and spinal cord (neural-tube defects)
• Abnormally shaped skull (craniosynostosis)
• Abdominal wall defects (infant omphalocele)
• Club foot (one or both feet turn downward and inward)
• Complete or partial closure of the anus (anal atresia)

In July 2006 the FDA issued a warning about the increased risk of Neonatal Persistent Pulmonary Hypertension (PPHN) to babies whose mothers had taken SSRI antidepressants such as Celexa, Lexapro, Paxil and Zoloft. The study (published in 2006 in the New England Journal of Medicine by Christina Chambers of the University of California, San Diego) this warning was based on suggested that PPHN was six times more common in babies whose mothers had taken an SSRI after the 20^th week of pregnancy compared to babies whose mothers did not. PPHN occurs in babies soon after birth and causes high blood pressure in the lungs and they are not able to get enough oxygen into their bloodstream. PPHN is a life-threatening disorder in which 10 to 20 percent of infants end up dying even if they receive treatment.

In addition, researchers from Denmark’s Aarhus University published a study on September 25, 2009 in Online First of BMJ that tied the use of SSRI’s with a heart defect involving a piece of tissue that separates parts of the heart. Zoloft more than tripled the risk of this defect. Taking more than one SSRI pushed the risk of having a baby with this heart defect to nearly five times more likely.

Women who took Paxil during the first trimester of pregnancy were twice as likely to give birth to children with atrial septal defects (ASD) and ventral septal defects (VSD). These are holes in the walls of the chambers of the heart. Other defects that may be linked to Paxil include cardiomyopathy, hypoplastic left heart syndrome (HLHS), hypoplastic right heart syndrome (HRHS), bicuspid aortic valve, tricuspid stenosis, limb reductions, spina bifida, anencephaly, cleft mitral valve as well as those defects listed above. These findings prompted the FDA to ask GlaxoSmithKline, the manufacturer of Paxil, to strengthen the drug’s pregnancy category from C to D (those that cause danger to the fetus).

A May 31, 2010 study published online in the Canadian Medical Association Journal by scientists at the University of Montreal stated that women who take antidepressants during the first trimester of their pregnancy were more likely to miscarry than women who did not. The risk was found to be 68 percent higher. The researches found that Effexor was among the antidepressants that carried the highest risk. A study in the March 2010 issue of Pediatrics found associations between exposure to antidepressants in late pregnancy and prolonged motor developmental milestones at 6 and 19 months of age. Effexor was one listed.

Attorney Stephen I. Leshner of Phoenix, Arizona recently filed a case in U.S. District Court in Arizona onbehalf of a mother and her child, against the maker of Zoloft, because of the birth defects sustained by the child while his mother was taking Zoloft during her pregnancy.

If your child has sustained birth defects while you were taking Celexa, Effexor, Lexapro, Paxil or Zoloft during your pregnancy, please call or email Steve Leshner for a free consultation.

A transvaginal mesh (TVM) patch is a surgically implanted device that stretches across the vaginal wall (which is also known as the pelvic floor) to add support to tissues damaged as a result of an injury, childbirth or surgery.Transvaginal meshes have been used in the treatment of pelvic organ prolapse, a condition in which the bladder, uterus, vagina, urethra, bowels or rectum slides out of place due to weak pelvic floor tissues, or stress urinary continence, which is a lack of control over urination, which can cause women to urinate when laughing, sneezing or coughing.

In 2011, the FDA issued a public notice to doctors and TVM patients after 2,875 injuries relation to the mesh were reported between 2008 and 2011.Reported complications included devices from nine (9) different manufacturers, including the Avaulto support system by C.R. Bard, Gyncare Prolift and Gynemesh Prolene by Ethicon (Johnson & Johnson), AMS Prolapse Repair System by American Medical Systems, Pinnacle Pelvic Floor Repair Kits by Boston Scientific, and Polyform Synthetic Mesh by Proxy Biomedical, Ltd.

Transvaginal mesh systems have been linked to a number of dangerous problems, including reports of infection, pain, urinary problems and bowel, bladder and blood vessel perforations. There have been complaints of recurrences of pelvic organ prolapse, and vaginal mesh erosion.In fact, a 2009 clinical trial was stopped after 15% of the women implanted with the mesh suffered vaginal mesh erosion after only three months.

If you or someone close to you has suffered damages caused by a transvaginal mesh (TVM), please contact Steve Leshner for a free consultation and case evaluation.

Hot Coffee, a documentary feature film by Susan Saladoff is premiering on June 27 on HBO, which shows how the civil justice system has been under heavy attack for over 25 years.

Despite the fact that federal legislation has never been successful, big business interests have won in the hearts and minds of average people. They launched a public relations campaign starting in the mid 80s and continuing over the last two decades to convince the public that we have out of control juries, too many frivolous lawsuits and a civil justice system that needs reforming. They have used anecdotes, half truths and sometimes out and out lies in their efforts, for one purpose, to put limits on peoples access to the court system, the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice.

Because of the success of the public relations campaigns, paid for by tobacco, pharmaceutical and insurance companies, to name a few, our civil justice system is not impartial. Jurors have been led to believe that a large verdict will affect their pocketbooks. Voters believe that we have a court system out of control that needs reforming. Although there are consumer advocacy groups who have attempted to set the story straight, there has yet to be enough money to launch the kind of public relations campaign for consumers that can even begin to combat and challenge the public relations campaigns of pro-business and tort reform groups. Over the last few years, however, documentary films and independent film festivals have become a vehicle for alternative ideas to get a public forum.

Because almost everyone has heard about the McDonalds coffee case, and most people believe they know what it is about, this project has a fascination for people. Of course, we go much further into the debate than just the McDonalds coffee case, but the case is a vehicle for people to think about their long held beliefs and whether they are valid. We think this movie has the potential, with the right funding and effort, to really change the way people think about our civil justice system and access to the courts.

For more about Hot Coffee, and what you can do to protect and preserve our civil jury system, see http://hotcoffeethemovie.com/takeaction-5/

The two year Arizona statute of limitation will soon be running out to bring a claim against DePuy Orthopaedics and its parent company, Johnson & Johnson. Arizona has a discovery rule exception, which means that a lawsuit must be filed within two years of the date of the injury by a defective product, or within two years of the date that you reasonably knew or should have known that you were injured by a defective product.

In the DePuy ASR cases, DePuy will likely argue that the statute of limitations was triggered on the date of the recall, August 24, 2012, and that all Arizona claimants must file their lawsuits on or before August 23, 2012. DePuy may move to dismiss any lawsuits filed in Arizona after that date. In those cases filed after August 23, 2012, an Arizona plaintiff may argue that regardless of the recall, they could not have reasonably known that they were injured until after that date, if they were unaware that they required revision, or suffered from metallosis, or loosening of the implant, until sometime after the recall. If a motion to dismiss is successful, a claimant may have to accept whatever DePuy offers in its recall reimbursement program operated by Broadspire.

Additionally, other manufacturers may attempt to use the DePuy ASR August 2010 recall date as a benchmark in other metal-on-metal hip litigation. If so, Arizona claimants implanted with DePuy Pinnacle, Wright Conserve or Biomet M2A-Magnum hip replacement systems may be subject to the statute of limitations expiring on or before August 23, 2012.

Phoenix, Arizona hip replacement attorney Stephen I. Leshner has already filed lawsuits on behalf of claimants injured by DePuy ASR, DePuy Pinnacle, and Wright Conserve failed hip replacement systems, as well as lawsuits involving Wright Medical femoral neck fractures, and is investigating possible claims involving Biomet and Smith & Nephew hip replacement systems. If you or someone close to you has suffered injury as result of any metal-on-metal hip replacement system, please contact immediately Steve Leshner for a free consultation.

British experts at the world’s biggest artificial joint registry said doctors should stop using metal-on-metal hip replacements, citing an analysis showing they have to be fixed or replaced more often than other implants.

All-metal hip joints were already under scrutiny over how long they last. Last year, regulators in the United States asked makers to conduct safety studies on them. Most artificial hip joints are plastic or ceramic.

In the new study, experts analyzed data for more than 400,000 hip replacements from the National Joint Registry of England and Wales from 2003 to 2011. More than 31,000 of those were metal-on-metal devices.

After five years, about 6 percent of people with the metal-on-metal variety needed surgery to fix or replace them. That compares with 1.7 to 2.3 percent of people who had ceramic or plastic joints.

Doctors usually expect hip joints to last at least a decade. The study was published online Tuesday in The Lancet, a British medical journal. It was financed by the National Joint Registry.

If you or someone close to you has been injured or is suffering from a defective metal-on-metal hip, including DePuy ASR, DePuy Pinnacle and Wright Medical hip replacement systems, please call Phoenix, Arizona hip replacement defect attorney Steve Leshner for a free consultation.

British experts at the world’s biggest artificial joint registry said doctors should stop using metal-on-metal hip replacements, citing an analysis showing they have to be fixed or replaced more often than other implants.

All-metal hip joints were already under scrutiny over how long they last. Last year, regulators in the United States asked makers to conduct safety studies on them. Most artificial hip joints are plastic or ceramic.

In the new study, experts analyzed data for more than 400,000 hip replacements from the National Joint Registry of England and Wales from 2003 to 2011. More than 31,000 of those were metal-on-metal devices.

After five years, about 6 percent of people with the metal-on-metal variety needed surgery to fix or replace them. That compares with 1.7 to 2.3 percent of people who had ceramic or plastic joints.

Doctors usually expect hip joints to last at least a decade. The study was published online Tuesday in The Lancet, a British medical journal. It was financed by the National Joint Registry.

If you or someone close to you has been injured or is suffering from a defective metal-on-metal hip, including DePuy ASR, DePuy Pinnacle and Wright Medical hip replacement systems, please call Phoenix, Arizona hip replacement defect attorney Steve Leshner for a free consultation.

All artificial hip replacement systems have risks related to implant or material wear. Metal-on-metal hip (MoM) replacement systems have unique risks in addition to the general risks of all hip implant systems.

Because the metal ball and the metal cup slide against each other during walking or running, some tiny metal particles may wear off of the device and enter into the space around the implant. Some of the metal ions from the metal implant or from the metal particles may even get into the bloodstream.

Orthopaedic surgeons take several precautions before and during the implantation surgery to try to optimize the way in which the ball and socket rub against each other so that fewer wear particles are produced. However, there is no way to fully avoid the production of metal particles.

Different people will react to these metal particles in different ways. At this time, it is not possible to know who will experience a reaction, what type of reaction they might have, when the reaction will occur, or how severe the reaction will be. However, it is known that over time, the metal particles around some implants can cause damage to bone and/or tissue surrounding the implant and joint. This is sometimes referred to as an adverse local tissue reaction (ALTR) or an adverse reaction to metal debris (ARMD). Such a reaction may cause the implant to become loose or cause pain. Ultimately this can require a revision surgery where the old device is removed and replaced with another one.

In addition to these reactions to metal near the joint and implant, there are some case reports in the literature of a small number of patients in which high levels of metal ions in the bloodstream may have caused other types of symptoms or illnesses elsewhere in the body, including effects on the heart, nervous system, and thyroid gland.

Patients who have MoM hip implants should be aware of potential symptoms which may occur after surgery and indicate that their device is not functioning properly. Common symptoms may include:

· Pain in the groin, hip or leg

· Swelling at or near the hip joint

· A limp or change in walking ability

There are many reasons why any of these symptoms may arise or worsen after surgery and it does not necessarily mean that a reaction to the metal particles from the device is taking place. A thorough evaluation by an orthopaedic surgeon is needed to determine the actual cause. Besides a physical exam of the hip, the orthopaedic surgeon may consider several tests to evaluate these symptoms including:

· Special imaging tests

· Using a needle to remove fluid from around the joint (joint aspiration)

· Blood tests, including checking levels of metal ions in the blood

Patients who receive a MoM hip implant should also pay close attention to changes in their general health or new symptoms outside their hip including symptoms related to their:

· Heart (chest pain, shortness of breath)

· Nerves (numbness, weakness, change in vision orhearing)

· Thyroid (fatigue, feeling cold, weight gain)

· Kidney (change in urination habits)

In April 2010, the United Kingdom’s (U.K.) Medicines and Healthcare products Regulatory Agency (MHRA) issued a medical device alert that included specific follow-up recommendations for patients implanted with MoM hip replacements. The recommendations included blood tests and imaging for patients with painful MoM hip implants.

There are several differences between the U.K. and U.S. regulatory systems and some of the U.K. data may not be directly applicable to the experience in the US. For example, some of the devices available in U.K. are not marketed in U.S. Therefore, the frequency of the reactions described above, in the U.S. is unknown. For this reason, FDA is in the process of gathering additional information about adverse events in people with metal-on-metal hip implants.

At the current time, there is no evidence to support the need for checking metal ion levels in the blood or special imaging if patients with MoM hip implants have none of the signs or symptoms described above and the orthopaedic surgeon feels the hip is functioning properly. The FDA is recommending that asymptomatic patients with MoM hip implants continue to follow-up with their orthopaedic surgeon as prescribed.

If patients with MoM hip implants develop any of the symptoms above, it is very important for them to make appointments with their orthopaedic surgeons promptly for further evaluation.

If patients with MoM hip implants develop any new or worsening symptoms outside of their hips, or if they are referred to doctors to evaluate new conditions, they should let the doctors know that they have MoM hips.

Stephen I. Leshner, a Phoenix plaintiffs personal injury, accident and medical malpractice attorney has been named to the Arizona Super Lawyerslist as one of the top attorneys in Arizona for 2011. This is the fourth consecutive year Steve has been so honored. No more than 5 percent of the lawyers in Arizona are selected by Super Lawyers.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, independent research evaluation of candidates, and peer reviews by practice areas.

The Super Lawyers lists are published nationwide in Super Lawyers magazines in leading city and regional magazines across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, go to superlawyers.com.