>> Tiffany Bittner: Good evening. Are you suffering a side effect from medication you were not warned about? Did you have an insulin pump or something inserted into your body? Give us a call at 855-1955. We are going to touch on a few things that lawyers do to help us have better and safer lives. Ken Riley is here to look at one of your e-mail questions. Tonight’s question comes from Tasha. She says, I ordered a dessert that made me dangerously ill because it had peanuts in it which I was allergic to. The waiter informed me there were no peanuts in the dessert. I was in the hospital for several days. Is the restaurant responsible for my medical bills?
>> Ken Riley: Probably, but do you have a witness? What will probably happen if you have a claim, the server will forget they said that. Then you have a he said/she said scenario. A lot of times you are not injured badly, or people are temporarily sick and the next day they are fine. Those generally aren’t cases because it costs more to prosecutor the case than the recovery you would receive. If you were in the hospital several days, I could see a scenario, if you didn’t have health insurance where you could get a recovery from the restaurant.
>> Tiffany Bittner: head to deliveringjustice.com or go to WBRC.com and click on the LawCall link.
>> Ken Riley: We learn what’s important with negligent claims. Contributory negligent is a law in Alabama that does not allow an accident victim to recover if he or she does anything to contribute to an accident. If a speeder hits a pedestrian, seems like the speeder is at fault. Is there a chance you were partially to blame? Contributory negligence creates challenges for Alabama personal injury lawyers. If you were involved in an accident, talk to an attorney who can evaluate your situation and determine if you bear responsibility under Alabama law. If you have a question, send it to LawCall.
>> Tiffany Bittner: We have opened up the phone lines. Ken Riley is here to help answer your phone calls. There is possibly a familiar face if you have seen the show tonight. We have a return tonight.
>> Ken Riley: My partner Nate VanDerVeer is with us. He toke uses on defect medical devices. We have a lot of folks talking to you about bad drugs and devices. Anything you want to talk to people about before we get started?
>> Nate VanDerVeer: Really, what we do as personal attorneys specializing in this law is make sure people are informed about the risks as well as benefits about the treatment they are being prescribed. If they are injured by a drug or device due to unknown side effects, we are there to help.
>> What’s going on, Jesse?
>> Caller (Jesse): I was prescribed a heart medication, I guess that’s what it is, three years ago. I was at a restaurant and I overheard someone talking and they didn’t know me that, that stuff wasn’t good for five years and then you kick the bucket. How do I find out whether that’s true or not.
>> Nate VanDerVeer: You mind if I take this one?
>> Go for it.
>> Nate VanDerVeer: We are filing cases. It is a blood thinner and anticoagulant to treat a fibrillation. It can cause excessive leading events, most typically of the g. I. Track, nose brain bleeds. If you are bleeding uncontrollably, you have to let the drug wear off and hopefully, survive that. I’m not sure what problem you had with the drug, but if it eats something you want to talk about, I would be happy to take the call. Whew let’s hear from Regina in Leeds up next. Hey, Regina.
>> Caller (Regina): I wanted to talk to you about marten.
>> Nate VanDerVeer: Go ahead.
>> Caller (Regina): I have been hearing its report on it’s a death sentence for new brain synopsis. I’m trying to figure out about the report?
>> Nate VanDerVeer: I’ll be honest with you, Regina, that’s not something I’m familiar with. There are a lot of drugs and devices out there that have side effects that can be found in the labeling or warning. Might be something you want to look up online. I’m not particularly in tune with that particular drug or its side effects. I’m sorry.
>> Tiffany Bittner: Let’s move on to Donny. Are you on the line?
>> Caller (Donny): Yes.
>> Tiffany Bittner: Okay. What’s your question?
>> Caller (Donny): It was about the Xarelto. My husband had a fib. He took it and it about killed him. He had to have blood and all kinds of stuff.
>> Nate VanDerVeer: Okay. It sounds to me like he had a bleeding event. That’s certainly the type of case that we would be interested in investigating. There are other blood thinners on the market that are less likely to cause a bleeding event if that’s what happened. It is effective in treating a fib. It’s whether it’s to the level that needs a drug that also has a higher risk of causing an uncontrolled bleeding event.
>> Tiffany Bittner: we are talking about dangerous drugs and legal devices. Give us a call. The number is on the screen. We’ll be back after the break.
>> Tiffany Bittner: Well, I think it’s fair to say lawyers get bad press a lot of the time. Tuscaloosa’s Bob Prince explains why that shouldn’t be the case.
>> Bob Prince: I like a good lawyer joke as much as the next guy. But let me tell you why lawyers are a good thing. We help you have your way. We are affective communicators and when you are wronged, we are your voice. Only in our courtroom can a personal without great wealth come before the judge. You can’t do that without a lawyer. Without lawyers, it highly unlikely your workplace would be safe as it is, discrimination would be rampant. You could be on your own do the best you could. Because of lawyers and the legal system, the courthouse is the only house where you are on equal footing with the president or giant oil company or corporation. There are a lot of noble professions out there. Maybe not surprisingly to you, I think being a lawyer is one of them. That’s your legal comment for the night. Back to you.
>> Tiffany Bittner: we are talking about dangerous medical devices. We have Anne in Birmingham. How are you doing?
>> Caller (Anne): How are you?
>> We are good. What’s your question?
>> Caller (Anne): I have problems breathing, and I have a blood clot and had an I. V. Put in. That left me talking this way now. I’m supposed to have a procedure tomorrow to see how — how to have a broken part removed.
>> Tiffany Bittner: do you want to weigh in?
>> Nate VanDerVeer: Sure. Glad you are having treatment, Anne. The thing is, they have a use for catching blood clots. Not all are the same and some fail at a higher rate. Anyone out there that had an implant 2004 to the present, it’s likely retrievable, one to be pulled out after the risk of the blood clot supplied makes sure the filter is doing something opposed to being all risk. I hope that in your situation the filter is continuing to work and has not caused a problem.
>> Tiffany Bittner: talk to the folks about what an I. V. C. Filter is. It’s an acronym for what and who gets the filter?
>> Nate VanDerVeer: Great question. An IVC filter is an interior vinacava filter. Some folks couldn’t take blood thinner, so this device was invented. A lot of them look like an upside down umbrella. They are supposed to catch a clot before it moves to the upper part of your body and causes you serious damage. People who are not treatable with a blood thinner are prescribed and inserted with the devices often in the times of bariatric surgery or a traumatic event like a car accident. They’ll be sedentary and at greater risk for a blood clot.
>> Tiffany Bittner: Let’s hear from Valerie. Are you on the line?
>> What is your question tonight?
>> Caller (Valerie): I want to know if there are reported cases of people that have taken the over the counter Flonase and had any problems with smell and taste? I took the over the counter drug last year and lost my smell and taste after the first two doses. I recently went from a conversation with my brother had I looked into a lawsuit with the drug. His wife looked it up, googled it and found several people that lost their smell and taste like myself. I’m very concerned. I can’t smell anything or taste anything.
>> Nate VanDerVeer: Valerie, I want to start by saying I’m sorry to hear that. Our sense of smell is super important. I have heard of this particular side effect. I think it’s one on the labeling in a small patient population, it’s something that can happen. Unfortunately, it sounds like you are one of the small population. A lot of over-the-counter drugs are not regulated. They don’t go through clinical trials. They are deemed safe from the outset and they wait and survey the market afterwards to see what sort of events they are causing. I’m sorry to hear about your particular complication.
>> Tiffany Bittner: is there anything that someone like the caller can do from a legal standpoint?
>> Nate VanDerVeer: That’s the question of the day. It’s one of those, you know, maybe — buts. It’s difficult — all drugs and devices, over the counter, prescription or otherwise come with risk. If we are willing to treat a particular way and understand the risks with it, particularly if they are on the labeling, we sort of consented to the risk to get the benefit.
>> Tiffany Bittner: we have to take another break. We’ll come back and talk about medical devices. Stay with us. ¶¶ ¶ ¶¶ ¶¶ ¶¶
>> Tiffany Bittner: here’s what we have working on for the next three weeks, April 24th, ask us anything. Ask us anything, that’s a show where you can call and ask any legal question you have. That’s a fun show. May 1st, is worker compensation and May 8th, mom and the law. We want you to join us on those shows and call us with questions you have. If you are watching this evening call bob at 80053611105 or online prince law. Net. If you are watching and want to talk to Ken Riley or Nate VanDerVeer, they are with Farris, Riley and Pitt. 324-1212 or deliveringjustice.com. The guys are on Facebook and twitter. You can get in touch with them. We encourage you to use us as a resource. Call their office and if they can’t help you with what you are struggling with, they can give you direction to someone who can help you. Make sure you call these guys and get help if you need it. We are back on our topic, dangerous drugs and medical devices. We have Mark on the line in Pehl City. What’s going on?
>> Caller (Mark): I’m doing well. Yourself?
>> Good, thank you, sir.
>> Caller (Mark): I’m on depression medication.
>> Nate VanDerVeer: okay.
>> Caller (Mark): I have been — it’s been about a year ago I was prescribed medication. I started having seizures after I started taking the medicine. It wasn’t obvious because I had taken it into the past, which was what was causing the seizures. When I stopped taking it, the seizures stopped. With my last seizure I had, I passed out and hit a concrete floor and just about bit my tongue off. I had to have four stitches in the top of it and two in the bottom.
>> Tiffany Bittner: Mark, what is your question for the attorneys tonight?
>> Caller (Mark): My question is, I have a constant drool from this.
>> Ken Riley: So you have aftermath from it. What do you think, Nate?
>> Nate VanDerVeer: It’s certainly a drug we have investigated before. Interestingly enough, it’s prescribed off label for seizures. It’s something we would be willing to look into. I’m not sure if seizures are included in the package insert as something that is a side effect known from the drug.
>> Tiffany Bittner: call the office and Nate will talk to you tomorrow to help you figure that out. John is up next. Hey, john.
>> Caller (John): Yes.
>> Tiffany Bittner: hey there.
>> Caller (John): Hello. I’m John Boshow. I had a device put in my neck. I have a cervical spine implant for fusion by Medtronics. You know, sometime after I had gotten the implant, I got a thing in the mail discussing — saying that there has been a recall on the products made by Medtronics, and when I called my doctor and talked to them, they told me I received the plate and not the cage. I was wondering, why did I get this thing in the mail? I’m having troubles with my neck. I was wondering, evidently, the manufacturer, you know, sent this out or somebody sent this out to me. I was wondering if there was a recall on the, you know, plate device.
>> Nate VanDerVeer: That’s a great question, John. Medtronics is probably the world’s largest manufacturer of spinal devices. Ken and I have handled some cases with Medtronic devices. Without knowing what the device is, I’m shot sure what kind of claim you have if at all. A lot of times, manufactured lots are subject to recall because of something that happened in the manufacturing process that might have been discovered afterwards. We have to bear down on what particular device you got and compare it to the lot numbers listed on the recall to investigate the case.
>> Tiffany Bittner: hope that helps. Irlene is up next. Hey, Irlene.
>> Caller (Irlene): Hi, how are you? I wanted to ask the doctor, I have a neuropathy, and I have been taking these shock treatments. Also, I have been taking lyrical and it makes me dizzy. I wonder if these are good medications for this neuropathy?
>> Nate VanDerVeer: Yes, it’s one of the most widely prescribed drugs for it. I would talk to your physician about the risks of taking it, particularly at any dosage to make sure you are comfortable as far as the benefit you are looking for. As far as I know, it’s a recommendation for neuropathy.
>> How do they do their due diligence to be sure it’s worth the risk or not?
>> Nate VanDerVeer: That’s a great question. It’s one I’m very interested in. The answer is far ranging. The first step so to talk to your physician. There are certain questions they might not be able to ask, look at the warnings.
>> Tiffany Bittner: All right, thank you very much, everything. Ken, great to see you. We’ll see you next Sunday, folks.