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Illinois Plaintiff's Lawyer Personal Injury Blog- Legal News and Insights from Champaign Urbana Attorneys Koester & Bradley, LLP

Heads Up Parents: NuVasive Magec System May Hurt Your Child with Scoliosis




Sometimes Medical Devices intended to help actually hurt.  Such is the Case for NuVasive.

Koester & Bradley NuVasive Defect Lawyers

Koester & Bradley, LLP is investigating cases involving a popular, non-surgical, device intended to treat Scoliosis in children.  Parents should be aware of the NuVasive Magec System, which was developed to treat Early Onset Scoliosis in very young children. With seven-million Americans suffering from scoliosis or curvature of the spine, the interest in the device is very high and the manufacturer has launched an aggressive marketing campaign.  Scoliosis is commonly diagnosed in children between the ages of 10 to 15, Early Onset Scoliosis (EOS) develops in children before the age of 10.

EOS is a serious medical condition because it occurs when a young child’s skeletal structures are still developing. If the spinal curvature is not treated and becomes severe, it can constrict the child’s thorax or chest cavity causing them breathing issues and restricting the growth of their lungs. Therefore, EOS treatments must control the spinal deformity while also allowing the spine to grow.

The NuVasive Magec System is marketed as an alternative surgical treatment for children with moderate to severe EOS and promises “noninvasive growth modulation.”   It is important to not that in the case of the NuVasive System, the fact that the FDA has "approved" the device, does not guarantee or warranty it safety.  The device is a magnetic controlled growing rod system, which, in theory, expands to help straighten and correct the curvature of the spine as the child grows.

NuVasive Specialized Orthopedics, the company standing to profit from the device, claims its magnetic rod technology significantly reduces the number of surgical procedures EOS patients require compared to traditional treatment options. However, clinical results have shown that this may not be accurate given the increasing complication rates.

Early issues with the NuVasive system are especially concerning given the young age of the patient population. Parents are being led to believe that this treatment option is safe for their child, but researchers and clinicians are seeing major failures with the spinal device and raising concerns regarding the device’s potentially high complication rates.

In addition, the U.S. Food and Drug Administration (FDA) continues to receive reports of issues with the NuVasive Magec System that include:
  • Rods failing to properly extend or expand
  • Rods not engaging properly
  • Rods bending, breaking or separating
  • Fractures of the pins used to stabilize the rod

NuVasive Specialized Orthopedics, Inc., has the full responsibility to its pediatric patients and their families. The company, in order to comply with Illinois and Federal law,  must ensure these medical devices perform as indicated and do not endanger the health of the children undergoing treatment with these devices.

Due to the large numbers of these devices entering the marketplace and being implemented on children, Koester & Bradley is investigating all adverse events related to the  NuVasive Magec System.  Please reach out to us for a free review of your case and stay up to date on the other defective products cases we are presently handling.

Consumer Protection and Fraud: Protect Yourself From Browser Security Threats




Cybersecurity has gained more publicity in light of recent hacks.  Here is what you can do.

Koester & Bradley Cybersecurity Attorneys

At Koester & Bradley we have focused our practice on helping the injured since 1895, but we also devote a great deal of time to consumer protection issues as well.  While physical personal injuries often have traumatic and lasting impact on the lives of entire families, financial and fraud-related claims can also have a severe impact.  

With cyber threats coming from a variety of sources, Koester & Bradley is dedicated to making sure our clients and community are continually kept up-to-date.

The Internet is full of threats, and if you're a long-time user of it, then you probably know not to click on suspicious links, to stay away from potentially dangerous sites such as porn and pirated movie websites. You may also understand that even websites that have no intent to do harm may fail to vet the safety of their advertisements. That is, clicking on their ads may send you to a dangerous website. However, even these precautions aren't enough for safe Internet use. The reason? Your browser itself may have security weaknesses that leave you vulnerable.

Cyber criminals are untiring in their search for ways to find and exploit loopholes in the software makeup of popular browsers. An example of this occurred earlier in 2017 when attackers used domain names with Unicode characters to set up  phony versions of popular and trusted websites. When viewed in the Chrome and Firefox browsers, the phony website and its URL appeared identical to the real site. Criminals can also obtain SSL certificates (with a green padlock) to make their websites appear legit.

All popular browsers respond to these types of threats by issuing updates that correct the problem. Therefore, the main takeaway from this is to keep your browser up to date. If it has an auto-update feature, make sure it's activated. Another precaution is to review the privacy and security settings for your browser. One setting you should deactivate is the password saving feature that many browsers offer.

Another security threat comes from using browser plugins or extensions. These give your browser extra functionality but are created by third parties who might be untrustworthy. Your best defense is never installing them. Otherwise, you should install as few as possible. Look for online reviews of the plugins you're considering. These reviews should also provide a rating. A rating based on thousands of votes is more reliable than one based on a few. Check the reviews for mentions of malware and other security problems.

Finally, create a Google alert for news about your browser's security. This will keep you informed of the latest threats to watch for.

Use the above tips to make your Internet browsing as safe as possible. For more information or to speak to one of our lawyers,  contact us.

If You Thought Drunk Driving Was Dangerous, Distracted Driving is Worse




While Drunk Driving is a well-known danger to drivers, so is distracted driving, and as Ryan Bradley explains, it does not have the negative social stigma it should.

Koester & Bradley Champaign Urbana accident lawyers

Why Cell Phone Distraction Is as Dangerous as Alcohol When Driving

Many of the other great authors writing for the Legal Examiner have addressed the distracted driving epidemic in a number of very good posts.  Now   Koester & Bradley, LLP is weighing in.

The dangers of drunk driving have received a lot of attention over the last several decades.  This is due in large part from the amazing efforts from Mothers Against Drunk Driving and other dedicated organizations. Though it's still a problem on our roads, most people acknowledge its dangers, and many consider it socially unacceptable.

This isn't the case with cell phone distraction while driving. Since it's a new phenomenon, it's had less time to become common knowledge. In addition, many people believe their multitasking abilities enable them to drive safely while using a phone. They also generally believe that cell phone distraction isn't as detrimental to driving as alcohol.  Finally, given the "all work, no play" mentality embraced by American society, sneaking in a few emails on the road is often seen as a "necessary evil."

While cell phone use doesn't contribute to a broad range of social ills as alcoholism,  it can be just as deadly to motorists. This is difficult for many to understand because alcoholic intoxication doesn't stop when you finish your drink, whereas the distracted state goes away within a minute after finishing a cell phone call. However, it only takes a moment of distraction at the wrong time to cause an accident. In addition, many drivers make extensive use of their phones while on the road.

Here are two reasons why cell phone distraction causes impaired driving.  These are obvious but important to keep in mind:

It Takes Your Eyes off the Road
When dialing a number, texting, or reading a text message, the eyes and the mind are taken off the road. A car moving at 60 mph will cover more than the length of a football field in the 5 seconds used when engaged in these distractions. However, because your mind is also taken off your driving, it can take up to  27 seconds to recover from the mental distraction. That's the length of 6.6 football fields at 60 mph.
To summarize, you are driving blind for more than a football field, followed by driving while mentally impaired for an additional 6.6 football fields (or about the length of a Par Five and a Par Three put together).

It Takes Your Mind off the Road
The mental distraction of cell phone use occurs even when your eyes are on the road. In order to converse, you must divert some mental attention away from your driving task. This causes a phenomenon called inattention blindness. Diverting your attention away from the road not only diverts your thinking from your driving, it also diverts some of the brain's resources away from processing visual input from the eyes. This causes objects and other details of the road to vanish, even though your eyes are focused on the road. This can make you blind to as much as  50% of the road scene. If you hear a honking horn, it may take you up to 27 seconds to respond because of the recovery time mentioned above.

If you want more information, search the Legal Examiner for more articles from other safety advocates and stay informed.

Important Informantion You Need Before Filing Personal Injury Lawsuits




Filing a Personal Injury Lawsuit is Not Simple--Here's What You Need to Know

If you’ve been injured in an accident and you’re looking to retain a personal injury attorney, you probably have a lot of questions when it comes to retaining a lawyer and filing  personal injury lawsuits. This is an overwhelming time and we understand that, so we’d like to provide you with some basic information to gather from the personal injury attorney you’re looking to retain.

Fees and Disbursements
The first and probably most important question you have is how much the attorney fees will be. Most will work on a contingency basis, meaning if you don’t win your case, you don’t get paid. Also, you’ll want to ask about disbursement fees and whether or not they’re required up front. It helps to know the financial aspect of things before you commit.

Strong Case
You want to make sure you have a strong case in order to understand if you have a good chance to recover damages. If your case is not strong enough, it’s really just a waste of everyone’s time.
Potential Damages
You’ll want to find out exactly what you can sue for, such as repair bills, medical bills, and even emotional distress. And while your attorney can give you an approximate amount, he can help estimate how much you stand to collect if successful.

Time Frame
Knowing the time frame you're under is helpful when preparing to file a lawsuit is necessary. Ask what the statute of limitations is so you know how long you have before making a decision to file your suit. You don't want to rush into your decision, but you don't want to procrastinate and miss the deadline. It's also helpful to know how long the case may last in order to plan accordingly.

For more information on filing a lawsuit,  contact us to review your case.

Illinois Plaintiffs Lawyer Personal Injury Blog by Koester & Bradley, LLP 

Legal News and safety tips with Illinois Impact from the Accident and Personal Injury Firm Koester & Bradley, LLP


Ryan R Bradley is a personal injury and litigation lawyer based in Champaign County Illinois focused on representing injured clients and businesses navigate the maze of litigation to financial recovery.  

Tom Koester is a personal injury attorney based in Champaign County in Central Illinois focused on representing the injured and victims of Medical Malpractice and Personal Injuries.