Sometimes Medical Devices intended to help actually hurt. Such is the Case for NuVasive.
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:
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.
Cybersecurity has gained more publicity in light of recent hacks. Here is what you can do.
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.
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.
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.
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.
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.
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.
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.
Despite the Tort Reform "Fake News" Medical Malpractice Claims are Rare and Difficult
If you have recently had someone in your family become ill, injured, or even die at the hands of a medical professional, you may be able to file a medical malpractice claim. Despite what you may have heard though, these claims, particularly in Illinois, are complicated and require a variety of steps to ensure that each claim is valid. Medical malpractice is defined as negligent, unskilled or improper treatment of a patient by a medical professional such as a nurse, doctor, dentist or pharmacist. Here, we'll explain what you need to know when it comes to successful medical malpractice lawsuits.
Successful Malpractice Cases Mean Proving Four Elements
If you’re considering filing a malpractice lawsuit, you and your attorney need to establish four elements:
Duty to provide medical care. The first thing you need to prove is that the health care professional had a duty to provide medical care in a reasonable and customary manner for a doctor or healthcare professional engaged in the same area of practice. This is not generally an issue once the medical professional agrees to treat the patient. The complexities with respect to this element arise when there is a medical team caring for a patient.
Standard of care violation. Next, you have to prove that the health care professional violated the standard of care. Usually, the courts will combine the standard of care within the area where the alleged incident took place as well as the national standards of care. This is called the "locality rule" and is the case in Illinois. Both sides of the case will ask expert witnesses to testify as to the standards of care that have been established.
Injury sustained. Third, you need to prove the patient suffered a compensable injury. This can be a physical or emotional injury and is usually a combination of both. It is this element that begins the uphill battle against the negligent doctor and their insurance company-supplied attorney. Usually, the healthcare provider who committed the malpractice will have their own expert doctor who they will pay to testify that the injuries at issue in the case were not related to the deviation in the standard of care. This underlines the importance of retaining a competent and local attorney.
Conduct caused injury. The last thing you need to prove is that the injury was caused by the conduct on the part of the health care professional. Otherwise known as causation, this can be the most difficult element to prove and is usually the one factors argued the most in a malpractice lawsuit. Causation is established by an outside doctor analyzing the medical records in the case and determining that, to a reasonable degree of medical certainty, the injuries might or could be caused by the negligence.
For more information on medical malpractice claims, contact us. We will sit with you, review your case and unique circumstances and advise you accordingly.
Mental Health Malpractice are possible in Illinois--but you will Need an Experienced Lawyer
When you have undergone a trauma or are just looking to improve your mental or emotional health, your first step may be to seek out the help of a psychiatrist. As such, you have a certain expectation that your psychiatrist will help to foster some kind of growth. Like when you seek out a medical professional to treat an injury, you are an entitled to a certain expectation that they will help or at least not hinder your treatment. Unfortunately, this is not always the case. Just like with doctors, if your psychiatrist is behaving inappropriately, they can be sued for medical malpractice.
What Does Psychiatric Malpractice Include?
The unfortunate reality is that unlike medical malpractice suits in Illinois, psychiatric malpractice can be more difficult to identify and prove. While injuries treated poorly often have physical consequences, many inappropriate actions by a psychiatrist only manifest in the mind. This causes psychiatric malpractice to be woefully under-reported because patients aren’t sure where to turn or even if they were being abused.
Examples of psychiatric abuse include:
Like with medical malpractice suits, patients in Illinois who are victimized by the negligent or abusive actions of a psychiatrist have the right to financial compensation. They simply have to seek it out. If you believe you have been a victim of your psychiatrist, contact us today. The Law Office of Koester & Bradley can sit down with you and make sure you have a case for psychiatric malpractice as well as advise you on how to gather evidence to have the best possible case.
Night driving is often the most dangerous time to drive, Koester & Bradley share tips to make it safer.
Darkness triggers melatonin production, which tells the body that it's time to sleep. This causes drowsiness. Furthermore, people aren't nocturnal creatures by nature and therefore their vision is poorly suited for the dark. These facts mean that the hours after sunset is a dangerous time to drive. While headlights and tail lights make driving possible, they're a poor substitute for sunlight. Here are five tips for making your night driving a safer experience:
Check Your Lights
Make sure your headlights are properly aimed. Shine your car's headlights on your garage door and note the beams' reflections. If they point up, down, or off to the side, have your mechanic adjust them. Replace headlights, tail lights, and brake lights that are burnt out or appear dim. Keep them clean.
Keep Your Windshield and Glasses Clean
Dirt and grime covered glass scatters light. This produces glare when light passes through dirty windshields and glasses. Keep the inside and outside surfaces of both clean. Consider getting an anti-reflective coating on your glasses, which dramatically reduces glare.
Avoid Looking at the Headlights of Oncoming Traffic
The glare of oncoming headlights can cause temporary night blindness. To avoid this, look at the right side of your lane to guide your steering and use your peripheral vision to track oncoming traffic.
Get Plenty of Rest
Get seven or eight hours of sleep the night before a long road trip. Avoid driving at night when you feel physically or mentally exhausted. Therefore, hard manual labor or running a marathon should be avoided before your trip. This is also true for lengthy exams, interviews, and similar experiences that tap out your mental energy.
Drink Coffee When Needed
If you start feeling fatigued during your night drive, get off at an exit and drink a cup of coffee. If you're at a rest stop, a coffee works especially well after a 20 minute nap. While occasional coffee consumption is effective, don't rely on it too heavily. Your body will develop a caffeine tolerance that renders it less effective. At some point, even coffee won't prevent falling asleep at the wheel when your fatigue is sufficiently extreme.
If another's reckless or negligent driving injured you in an accident, our experienced lawyers can help. Contact us today at Koester & Bradley, LLP.
A Young Girl Like to Litter--Or Does She?
Legal news coming out of our nation's capitol involves a very young child and a citation for littering. Details are emerging as to how a two-year-old girl from Washington D.C. received a $75 ticket. But things are not always what they seem. Was this just "fake news."
Envelope in Alley
According to a report by CBS 12 News, it was the discovery of an envelope with the child's name on it led to the fine. It was allegedly found on the ground in an alley near West Virginia Avenue, in the northeastern section of Washington D.C.
The child's parents related to reporters how they have always taught their daughter not to litter, so they viewed the ticket as quite ironic. In fact, when the citation arrived in the mail, their two-year-old reportedly said, "Littering, that's not good."
Inspector Firm on Fine
After the family received the citation, the girl's mother contacted the Department of Public Works (DPW) inspector who wrote up the report that led to the issuance of the citation. At first, the inspector insisted the ticket would not be rescinded because the girl's name was on it. However, the public official eventually suggested that the ticket could be dismissed if the family provided proof of the child's age.
Official Visits “Scene of the Crime”
Eventually, a DPW official went to the neighborhood to look into the incident for himself. After the visit, he said the family would not have to pay the fine.
The little girl’s parents concluded that the envelope merely fell out of the trash when it was being taken to the dumpster in the alley.
We focus on personal injury, car accident, product liability and medical malpractice cases. To learn more about our legal services, please contact us. While Koester & Bradley enjoys looking at the lighter side of the law, we take recovering for our clients very seriously.
Fight the Urge to just say, "I'm Fine," after a fall (unless you know it's true)
Human beings. If nothing else we are creatures of habit, especially in the Midwest where it is not uncommon for someone to say "sorry" when somebody else gets in their way. We don't want to be a burden, and we sure don't want to inconvenience folks.
During the winter months, even unusually warm ones, it is not uncommon to encounter slippery conditions. Outside there is no shortage of snow and ice throughout our long winter, and moisture is often brought inside due to melt from people's shoes, or already there due to spills and leaky pipes.
When we fall we tend to get up as quickly as possible and say "I'm fine" when someone shows concern. Most of the time we are fine and the fall is nothing more than a momentary embarrassment, but sometimes severe damage arises.
But what if you're not fine?
What happens when you slip and fall, but you are not fine? What if you begin showing symptoms of a debilitating injury after your fall? What if you are unable to work?
That is why we have premises liability laws in Illinois and around the nation. Property owners, including business owners and homeowners, are responsible for maintaining safe premises.
These laws and statutes are not always clear-cut, and often involve the interpretation of intersection state statutes, common law, and local ordinances and guidelines. For instance, in Illinois, property owners are actually NOT liable for the "natural accumulation" of ice and snow on or near their premises. There are a number of pertinent exceptions to this rule, but an attorney is frequently necessary to navigate these complicated waters.
Additionally, inside a building, property owners must have had the knowledge of the slippery floor or other dangerous condition in order to be found liable. Again, exceptions exist, and an experienced local lawyer well-versed in personal injury cases will be necessary to prevail again savvy and disingenuous insurance adjusters.
Translation: if property owners are aware of something, it is their responsibility to take care of it quickly or at least notify people about the danger. This could mean mopping up a spill and placing a "wet floor" sign in the area, it could mean fixing a wobbly stair rail, or taking measures to avoid ice build-up on the sidewalk in front of the store. Proving the knowledge is a difficult part of the equation.
The law allows for premises liability suits because innocent people should not be left to bear the burden of another's negligence, but the insurance industry and internal company policies often make handling these cases without an attorney frustrating, if not impossible. If you or a loved one has been hurt in a slip-and-fall accident, contact us for a free case evaluation. No hard sell, just hard facts from an experienced attorney.
Stay safe while driving during flood conditions in Champaign Illinois and Beyond.
With little rain in Illinois over the last few months, you must drive with extra caution when the sky actually opens up. Recent floods caused the deaths several people, including some trapped in their car by water. Therefore, we want to provide you with tips about Automobile Accidents and Safety during floods.
Illinois Plaintiffs Lawyer by Koester & Bradley
Breaking Legal News with Central Illinois Impact from Koester & Bradley, LLP
Ryan R Bradley is a civil litigator based in Champaign County in Central Illinois focused on representing plaintiffs in a variety of cases.