Articles Posted in Personal Injury

908426_-_im_supportive_-.jpgAs a patient, being a health advocate is important. As our world progresses so does technology and the advancement in the medical field. Companies are making products so quickly, so the product can be sold in stores. Often products have not been tested to ensure the product works correctly. This therefore leads to severe consequences. As patients and citizens we trust doctors and hospitals to care for us in a proper and safe manner. We also trust companies to produce products that are not harmful and work correctly, although more times than not this does not happen. From simple products that you receive from the convenience store to products that could save your life, need to work properly.

Jason Peters, a Philadelphia Eagles left tackle player ruptured his Achilles tendon in March 2012. He was told to use a rolling walker after his surgery on his Achilles tendon. A rolling walker enabled Peters to still be mobile without putting pressure on his Achilles tendon. There are various amounts of rolling walkers, although the one Peters was using was one that he put one knee on while pedaling with the other leg. However, Peters walker broke below the handlebar while he was using it. This failure led to Peters re injuring his Achilles Tendon during the fall which resulted in another surgery on Peters Achilles tendon. The second surgery prevented Peters from returning for the 2012 season. The Roll-A-Bout walker is suppose to hold any person up to 500 pounds. Peters was 340 pounds which does not explain why the walker broke. The malfunction of the walker has not been stated but assumed that the walker was just broken. Peters was awarded $2 million in the lawsuit against the walker company.

Something simple as a walker can cause injuries that could have been prevented. However it is hard to ensure that a walker is working properly because we just assume that things similar to this are in proper condition. However if you or someone you know used a walker, be a health advocate and make sure it assembled properly. It is essential to triple check that all the parts are assembled correctly to prevent casualties from happening.

In addition to making sure walkers are in the best condition before use, as patients it is important to make certain prescribed drugs are suitable for you. One minor mishap could cause severe complications to you or a loved one. As patients we can prevent from horrible medical malpractice, defective medical device or a defective product. It is easy to check to make sure that what you are using is right for you. It is more of a hassle and life threatening to deal with the complications from not being proactive.

If you or a loved on has been hurt in a walker accidents please call for a free consultation. No one deserves to be hurt when it is out of their control.


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“The Food and Drug Administration said Monday it will collaborate with medical device manufacturers on a public-private partnership designed to speed up the development of new medical technology,” reported CBS News last week.

A nonprofit group named Medical Device Innovation Consortium (MDIC) was formed to improve the approval process of medical devices. This process is currently slow, complex and sometimes doesn’t even require clinical trials. This organization’s mission aims to speed up, simplify and ensure the quality of medical device testing. Minnesota-based LifeScience Alley founded this new consortium.

Since most medical device companies are small businesses, their budgets and staff don’t allow for extensive research and testing. This new agency, the MDIC, will procure high quality information and research from the government, industry and academia.

The new group reported that 17% of Americans currently are living with an implanted medical device of some sort. That is too high of a percentage to take testing these implanted devices lightly.

So what does this mean for consumers? It means that with this new nonprofit in place, we may have easier access to more efficiently and thoroughly tested medical devices. This would save the pain of dealing with faulty transvaginal mesh procedures or complications with metal-on-metal hip replacements. This could save medical device consumers thousands of dollars in lawsuits and years of suffering and pain.

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Screen shot 2012-11-26 at 9.38.58 AM.pngThe Holiday season is now in full swing. Nationwide, during this time of heightened travel, the likelihood of getting in an automobile accident dramatically increases.

The traffic increases by over 50% on the five busiest holidays, and in turn the fatality rates on the road increase by 4.5 – 5 times. Thanksgiving is the most fatal holiday in regards to car accidents with an average of 567 on Thanksgiving day alone.

According to the Bureau of Transportation Statistics website, “The Thanksgiving and Christmas/New Year’s holiday periods are among the busiest long-distance travel periods of the year. During the 6-day Thanksgiving travel period, the number of long-distance trips (to and from a ¬destination 50 miles or more away) increases by 54 percent, and during the Christmas/New Year’s Holiday period the number rises by 23 percent, compared to the average number for the remainder of the year. ” Around 91% of holiday travel in the US is done by personal vehicle, leaving only 5-6% of trips taken by air.

Boston Scientific, a worldwide developer, manufacturer and marketer of medical devices, stated that it is facing more than 2,500 product liability lawsuits over transvaginal surgical mesh implants. The liability lawsuits are due to “defective design and manufacturing, a failure to warn, breach of warranty, fraud, loss of consortium and violations of state consumer protection laws.”

Boston Scientific was contacted by Kamala Harris, the California Attorney General, warning them that multiple attorneys general offices plan to initiate a civil investigation on the sale of synthetic transvaginal mesh. The company released this information in its quarterly regulatory filins with the Securities and Exchange Commission (SEC) on Nov. 6. The company, based in Massachusetts, will face these lawsuits in the coming months in various state and district courts.

There is an estimated 29% adverse events rate with synthetic mesh operations. Lawsuits against six various vaginal mesh manufacturers have reached 10,000 cases and are growing. According to court records in Georgia, West Virginia and New Jersey, and that number is expected to double. The pain that women endure caused by mesh erosion, organ perforation, mesh and vaginal shrinkage and other “adverse events” should be ended.

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A 77-year-old Domino’s Pizza delivery person was stabbed multiple times during a delivery in southeast Oklahoma City on Saturday night, October 20, 2012. Edward Thomas Hackett was stabbed by three men as he tried to leave after no one answered the door to the apartment. The attack took place at Southeast 48th Street and Sooner Road in the parking lot of an apartment building. Following the attack Mr. Hackett drove back to the Domino’s Pizza in Del City, about four blocks away, where police officers found him in a back room with a large cut on his abdomen just under his rib cage. He was taken to the OU Medical Center for surgery, and is now in fair condition, meaning that his vital signs are stable and he is conscious.

The law firm of Borchardt Law Firm are handling similar claims. If you or a loved one have been a victim of similar tragedy, please contact our firm.

Toll Free: 866.832.9300


With the Fourth of the July holiday still fresh in our minds, it is important not to overlook the potential danger of operating fireworks. Though a beloved tradition, by nature alone fireworks can be extremely hazardous. Some recent reports have shown that serious fireworks-related injuries are currently on the rise. Perhaps not surprisingly, nearly three quarters of such injuries take place in the month surrounding the Fourth of July. At Borchardt Law Firm, we’ve seen injury cases involving faulty or otherwise poorly functioning fireworks, often concerning workers of firework display companies. There are reports all over the nation of people sustaining serious injuries during this holiday weekend.

Firework injuries can range from small nicks and blisters to life-threatening burns. While sparklers injure many civilians and children every year, larger firework shows can be very unsafe for workers. Firework companies may be at fault when defective fireworks are allowed to be handled or when fireworks are handled in hazardous environments. Often such accidents involve prematurely firing mortars, the shells used to shoot fireworks into the air. When a mortar explodes near people or in unfavorable conditions serious damage can occur. The most common areas injured by firework explosions are the eyes, face and arms of victims.

In 2011, 9,600 consumers were injured and four were killed in firework accidents. This is an increase of over 1,000 injuries since the previous year. Fireworks are explosive devices, and their operation should not be taken lightly. Too often employers or individuals overlook proper safety precautions in handling such incendiary materials. While there are some ways to improve safety, including stricter usage of the appropriate electrical release methods (where an employee may simply press a button to detonate fireworks from a reasonable distance rather than manually light them), the responsibility falls on manufacturers and employers to ensure the safety of their products and those charged with using them.


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A new inhalable caffeine product attracts the attention of the Food and Drug Administration (FDA). The FDA plans to commence a new safety investigation of AeroShot, a product of Breathable Foods Inc. AeroShot is a lipstick-sized canister that contains 100 milligrams of caffeine powder plus a number of B vitamins. Consumers are able to place one end of the canister in their mouth and breathe in, when breathing in a fine powder is released and quickly dissolves. The ingredients in each canister are almost equivalent to one large cup of coffee.

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According to ABC News, Dr. Bruce Goldberger stated, “you could easily overdose or succumb to toxicity associated with the caffeine ingestion. You could mix it with alcohol in a social setting and also I’m troubled by its availability, potentially at home where young children can get a hold of it.” The FDA worries that due to the canisters packaging, brightly colored and a sleek look, AeroShot will attract mostly kids and teens, a target audience that is most vulnerable to overusing such products.

AeroShot was first released on the market last month in Massachusetts, New York and France. The product never required FDA review before being released on the market in the U.S. because it was sold as a dietary supplement. The FDA recently released a statement that the safety review will not only focus on whether the product is safe for consumption but also, will review if the product legally qualifies as a dietary supplement.
David Edwards, inventor of AeroShot, claims the product is safe and does not contain common additives used to boost the caffeine effect in most energy drinks. As we have seen over the years, energy drinks can have severe side effects and at times can cause fatal accidents. After the release of Four Loko, the FDA and the public are very cautious about products used to boost energy, especially if they are being mixed with alcohol.


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Around 7:30 p.m. on Tuesday evening, a Domino’s pizza delivery man was attacked as he was making a delivery to a Dallas apartment complex. The address where the delivery was made was a vacant apartment. When he arrived to his destination at the Sienna Palms Apartments in northeast Dallas, the delivery man was immediately attacked. He tried running, but unfortunately, he was gunned down and shot in the back. The delivery man’s condition is still unknown and is currently being treated at Baylor Hospital. The suspect is still at large and police are currently investigating the incident.
Our thoughts and prayers go out to the victim and his family during this tough time.
Borchardt Law Firm currently represents the family of a Domino’s pizza delivery man who was assaulted while making a delivery. Unfortunately, the injuries that were inflicted ended his life. A claim has been brought against the local franchise and the national corporation of Domino’s Pizza alleging that the company failed to implement security policies and procedures on the safe delivery of pizza, particularly in unsafe areas. The attorney on the case, Geno Borchardt, stated, “they have numerous policies in place to protect the safety of their driver, but many of these policies were ignored. The victim of this incident was a good man. He loved his wife deeply and their life together was ruined because Domino’s failed to follow safe procedures. The purpose of this lawsuit is to ensure that nothing this tragic ever happens to anybody else.” (read full story)

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With the holiday’s right around the corner, traffic is quickly picking up and winter weather is slowly moving in. Borchardt Law Firm asks all drivers to be extra cautious on the road during these hectic times. Studies have found December to be one of the deadliest months for drivers across the state of Texas. It is one of the biggest traveling months and is also prone to unpredictable weather, such as rain, sleet, snow and ice. According to the Texas Department of Transportation, in 2010 December had one of the highest reports of fatal state highway and city street accidents. Whether these accidents were a result from weather or distractions, drivers need to be aware of their surroundings and prepare for any situation. At Borchardt Law Firm, our law firm has come up with a few guidelines for drivers in hopes to help prevent accidents on the road.


Though Texas does not see snow that often, we get our fair share of rain, sleet and ice during the winter. If you must leave your house, be aware of these guidelines to help prevent you from getting into an accident.

• Before leaving your house, check your tire pressure and make sure your tires still contain enough tread to create traction on the road.
• Plan your route on main roads that have most likely already been driven on.
• Drive slowly; prepare to go under the speed limit. Give yourself at least double the amount of the time it normally takes you to get to your destination.
• You should allocate at least three times more space in between your car and the car in front of you.
• When preparing to stop gently pump your brakes, don’t slam on your breaks and hold them down – this could cause your vehicle to continuously slide.
• Keep your car in low gears to hold traction.
• Try to avoid all bridges and overpasses – they will most likely be the slickest.
• Keep your lights on, helping other cars see your vehicle.
• If you begin to hydroplane, grip your steering wheel to keep control and wait until you feel your tires contact the road.
• If storms become too severe, pull over but avoid parking under power lines, trees and other large objects that could fall on your car.


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