• Spine InjuryWhen Medtronic marketed their bone graft product for unapproved uses, they neglected to tell doctors about the potential complications. As a result, Medtronic faces devastating lawsuits. Doctors may use medical devices as they see fit, but the manufacturers may not promote or market their products for unapproved uses as Medtronic did. These “off-label” uses produced approximately 90 percent of the $800 million in revenue from the Infuse Bone Graft in 2011.

    Medtronic Infuse Bone Graft was FDA approved in 2002 for use during lower spine repair surgery to stimulate bone growth. A genetically altered protein, Infuse Bone Graft helps to build bone tissue and is used to fuse vertebrae in the lower spine. Medtronic promoted the unapproved use of Infuse Bone Graft for surgery to the upper spine or neck. Complications included: excessive bone growth; difficulty swallowing, breathing and speaking; swelling of the neck and throat tissue; cancer; sterility in males; infection; cyst formation and death. Medtronic is also accused of helping author studies of their device, which downplayed the risks and side effects according to a U.S. Senate investigation published in October 2012. Additionally, it is claimed that medical literature regarding safety was ghostwritten by doctors who Medtronic paid large sums of compensation.

    More than 100 patients have filed lawsuits claiming serious injury from use of the Medtronic Infuse Bone Graft. They allege that Medtronic misrepresented the product and failed to warn about the dangers and complications of the product. The spinal complication rate from use of the Infuse Bone Graft device reached 59% according to research (MedtronicBoneGraftLawyers.com). Medtronic has been able to avoid some trials using the argument that Supreme Court rulings almost always prohibit patients from suing in state courts for malfunctions of FDA-approved devices. Several judges in state and federal courts have recently let cases move forward. This sets the stage for appeals that could end in another Supreme Court case (StarTribune.com).

    In 2008 the FDA warned doctors of the potential dangers of the Medtronic Infuse Bone Graft. Doctors and patients are now seeking alternatives due to the severe side effects of the Medtronic Infuse Bone Graft. Unfortunately, knowledge of complications comes after many have already been affected by complications and lost their trust in the medical system. Some of those affected cannot return to work or complete their normal daily tasks. They are not only faced with an altered future, but also must endure the financial burden associated with lost wages and increased medical bills.

  • Is Pre Settlement Funding a Lawsuit Loan?

    Some pre settlement funding companies advertise that they provide “lawsuit loans”. This is misleading as they are not telling you the complete truth. No company is legally able to provide a lawsuit loan. The correct term instead of a lawsuit loan is non-recourse financing.

    It is easy to confuse legal funding with lawsuit loans, as they appear to have similar characteristics as unsecured loans. With a loan, you are required to pay back the funding even if you lose your case. This is much like a mortgage, credit card or car loan. However, with Legal Funds Now’s pre settlement financing, we provide a no-risk funding solution to you.

    What is Pre Settlement Lawsuit Funding?

    Pre settlement lawsuit funding is a non-recourse cash advance provided to a plaintiff in a pending a lawsuit or insurance claim. Non-recourse means that if you don’t win your lawsuit or receive a settlement, you do not repay the advanced funds. A lawsuit funding cash advance is only repaid at the time you win or settle your case.

    When do you need Lawsuit Funding?

    Funding is provided to help plaintiffs with their immediate financial needs for living expenses and other financial obligations, such as medical care, while pursuing their claim.

    Even though some lawyers (such as injury attorneys) offer their services on a contingency basis, some plaintiffs are not able to cover day to day expenses or medical bills, before their claim is settled. When plaintiffs are struggling financially, insurance companies may offer a settlement amount that is lower than what is rightfully due by law. It is their hope that since the plaintiff needs money to get back on their feet, they will settle for a smaller amount than the fair or just value. Don’t settle for less than the fair value of your case because of financial pressures. Legal Funds Now can help!

  • largeIn Charleston, WV, Wanda Queen’s lawsuit against C.R Bard Inc. has been settled, (Bloomberg.com 8/21/2013). Wanda accused the pelvic repair products’ manufacturers of inadequate testing, failing to disclose potential risks and fraudulently promoting the mesh as a safe medical device.

    In her lawsuit, Wanda Queen said she was implanted with the Avaulta Solo Anterior Synthetic Support System to treat pelvic organ prolapse. As a result, Queen says she experiences mental and physical suffering, permanent injury, physical deformity, and has impaired physical relations with her husband. She has had 6 surgeries and will undergo future surgeries to correct complications that occurred with the Avaulta Solo Anterior Synthetic Support System.

    While thousands of surgical mesh lawsuits have been filed nationwide, only one other case has gone to trial. In recent news, a federal jury awarded a Georgia woman $2 million in her lawsuit against C.R. Bard.

    As this case demonstrates, product liability lawsuits can be life changing and stressful. Challenges can include the loss of work employment, rising medical bills and lifelong impairments.  No amount of money can change permanent injuries, especially when a surgical mesh lawsuit can be mentally, physically, and emotionally strenuous for the injured individual and their family members. Cash received from pre-settlement funding can relieve the stress and financial burdens that arise while pursuing a lawsuit and settlement is received.

     

  • Investing in Justice by Max VolskyInvesting in Justice is Max Volsky, author of Investing in Justice, is a pioneer of the legal Finance Industry.

    For more than a decade, he has been influential in fostering the development of this market, having overseen more than 10,000 investments in lawsuits.  Max is the founder and Chief Investment Officer of LexStone Capital, which funds commercial claims. He is also a partner at the law firm of Schmidt, Volsky & Perle LLP, where he focuses on international business law and arbitration. right for you. Written by a distinguished expert, Investing in Justice is vital reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having an easy step by step process for understanding this industry.

    The pre settlement funding industry is a relatively new industry, having only been in existence for approximately fifteen years. In his book Volsky explains how this growing industry can assist plaintiffs.  Often in many cases or claims, the plaintiffs lack the necessary funds to continue to pursue a fair settlement. The defendants may have vastly superior financial means providing them with an advantage over the plaintiff and the ability to draw the case out. Lawsuits can end up settling for less than what they are worth or even never proceed because the plaintiff financially cannot continue. With the assistance of pre settlement lawsuit funding, plaintiffs are able to gain access to the legal system and pursue their case.