Missouri Injury Lawyer Blog

Caps or limits on awards for non-economic damages in Medical Malpractice cases save insurance companies money at the expense of justice for the elderly, young children and the poor in Missouri obtaining justice.

In 2005 Missouri law placed limits on the amount of damages that can be recovered when a doctor, a hospital or other medical professional makes a careless mistake. Under the law passed almost three years ago, injured victims or their families may only receive $350,000 for the pain and suffering caused by the carelessness of another.

Actual damage awards often hinge on lost wages. For the poor who work low incomes jobs, for the elderly who are retired or for the young unable to choose a career, lost wages can be small to nonexistent. As a result, their ability to recover for reckless or even intentional conduct through punitive damages has been severely restricted.

Lawyers are increasingly being forced to turn away medical malpractice cases because the substantial litigation costs associated with pursuing the cases often leaves the victims or their families with little after the expenses are deducted.

Last week, the Associated Press reported on the press conference held by Gov. Matt Blunt touting the medical malpractice caps as a boon for business.

But I have to agree with St. Louis lawyer Ken Vuylsteke who remarked: “What the governor trumpets as a great success we think is a travesty of justice to the people of Missouri.” I also doubt that the law so far has had any great effect on losses or insurance premiums because the law only applied to cases filed after August 28, 2005. It takes approximately 2 years for a case after it is filed to be settled or tried. The statistics the Governor cited were for 2006 which were probably all or almost all pre-tort reform cases to which the lower caps did not apply. This is another example of a politician taking credit for something that was not the result of the new law. When the statistics come in for cases filed after August 28, 2005 I expect to see even greater reductions, but remember the reductions come at the expense of the poor, elderly and children. I just don't think that is good policy.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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In Madison County, Illinois, a mother filed a medical malpractice lawsuit against her former obstetrician and Anderson Hospital on April 22, 2008. The medical malpractice lawsuit alleges that both the doctor and the hospital breached the standard care during the delivery of her child on April 29, 2006.

The lawsuit alleges that during labor, the child sustained severe birth injuries that have resulted in life-long disabilities. Fletcher claims that her child is suffering from mental, physical and developmental disabilities originating from the birth trauma.

These types of injuries are generally caused by lack of oxygen and are called hypoxic brain injuries. There are many ways this can happen including the cord wrapped around the babies neck or compression during contractions. These injuries can be avoided by properly monitoring the fetal heart rate and if there are significant fetal heart rate deacclerations, to perform a prompt c-section. Hypoxic brain injuries can be proven by testing the blood of the child for elevated phi which is also called acidosis, evidence of multi-organ failure as well as abnormalities on CT scans.

To prove a birth injury case you need an attorney with experience in these types of cases. You will need an OBGYN to prove a breach of the standard of care, a pediatric neurologist to prove the damages and their cause, a life care planner to prove up future needs of the child, and potentially a neuroradiologist to prove up the fact of the hypoxic brain injury and its timing, that is that it happened in utero during labor.

When you suffer an injury due to a doctor's negligence or mistake, we will help you pursue a medical malpractice claim.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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A man who was paralyzed due to alleged medical malpractice after a surgeon implanted a blood-clotting fabric into his spine has settled his medical malpractice claim for $3.7 million.

In 2003, Dr. Woosup Michael Park performed spinal decompression surgery on Leopoldo Castillo at New York Presbyterian Hospital. During the procedure, Park implanted the blood-clotting fabric Surgicel. Less than three hours after surgery, Castillo couldn’t feel or move his legs. During a second surgery, doctors discovered that the Surgicel fabric had expanded and compressed the patient’s spinal cord. As a result, Castillo was permanently paralyzed.

Castillo sued Park and New York Presbyterian Hospital for medical malpractice alleging that the use of Surgicel in spinal surgery was improper. The patient recently agreed to settle with the doctor and hospital for $3.7 million.

When you expect help and end up worse off due to a doctor's negligence or mistake, we will help you pursue a medical malpractice claim.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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According to the Associated Press, Illinois doctors will collectively receive an $11 million refund from the state’s largest malpractice insurer.

The refund will come in the form of a credit on Illinois State Medical Insurance Exchange policy renewals. Individual doctors can expect a $500 to $1,000 deduction.

Bruce Kohen, president of the Illinois Trial Lawyers Association, attributes the refund to a 2005 law that gives state regulators the power to review insurance rates. Because of the regulatory oversight, insurance companies were required to give back the premiums to doctors.

For years, Illinois trial attorneys have been blamed by doctors for high premiums. But as this refund demonstrates, doctors should be asking whether they’re getting overcharged by their medical malpractice carrier.

Some of the medical malpractice insurers claim the refund is the result of Illinois medical malpractice reforms that have placed caps on the recoveries. Those insurance interests ignore the fact that the law was passed in 2005 and it applies only to cases filed after its effective date. In addition, it takes two or more years for those suits to go through the court system and
the caps have not had any effect on the majority of cases that were settled from 2005 through 2007. Moreover, the Circuit Court of Cook County Illinois has declared the law unconstitutional and that issue is on appeal so any claim that the refund is based on the medical malpractice reform is wholly without merit. Finally, the caps are $500,000 per doctor and $1,000,000 per hospital so it is hard to believe that the caps have had any effect.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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Two people were killed in a motorcycle accident on the Illinois roads and two others were injured, in a chain reaction crash involving three vehicles in Macoupin County, Illinois. Michael J. Tucker, 43, and his wife, Kimberly S. Tucker, 36, of Brighton, Illinois were westbound on a motorcycle on Illinois State Route 16 in Shipman, Illinois when a pick-up truck struck them on Monday afternoon.

The Illinois crash occurred when a pick-up truck making a left hand turn was rear-ended by an eastbound SUV. The pick-up truck was knocked into the path of the westbound motorcycle and then the collision occurred. The motorcycle and the pick-up truck both reportedly burst into flames after the crash.

The husband and wife on the motorcycle were pronounced dead at the scene. The other two drivers in the accident were taken to area hospitals and their injuries have not been reported. The Illinois State Police are investigating the accident.

As a former motorcycle rider for 20 years I know that motorcycles do not provide you any protection in a crash. Motorcycle riders must ride as if the other drivers don't see them. Also Illinois does not require riders to wear helmets, but helmets provide you significant protection to you head in the event of a crash. It is clear from the description of this accident that the motorcycle riders were not a fault, the information to date also does not provide any information regarding whether they or not they were wearing helmets or whether it would have made a difference. Just do everything you can to stay safe when out on the roads including wearing a helmet, don't become another statistic.

If you or a loved one has been injured or a family member has been killed in a collision with a car or truck, we urge you to contact The Lowe Law Firm. Our attorneys will find out whether the other driver is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

An initial free consultation with The Lowe Law Firm attorneys for victims of car, motorcycle or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm Missouri/Illinois accident lawyers online or by calling 877-678-3400.

Visit our Motor Vehicle Accident Information Center.

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The federal lawsuits filed against Bayer AG over the anti-bleeding drug Trasylol have been consolidated and transferred to a Miami federal court.

On April 7, the transfer order was issued by the United States Judicial Panel on Multidistrict Litigation. Because of the national scope of the litigation, the common factual questions regarding the drug’s safety profile, and the similar questions raised over the adequacy of the warnings provided by Bayer, the panel concluded that consolidation was appropriate.

In addition, the panel ruled that the U.S. District Court for the Southern District of Florida is a convenient forum. The Miami metropolitan area is easily accessible and the district has a low number of MDL dockets, the panel wrote. It assigned the litigation to U.S. District Court Judge Donald M. Middlebrooks.

On March 10, John J. Carey of Carey & Danis and Jeffrey J. Lowe of The Lowe Law Firm filed suit in the U.S. District Court for the Eastern District of Missouri on behalf of a widow whose husband died of kidney failure after open-heart surgery.

On Dec. 16, 2005, Samuel Nakis, 81, underwent open-heart surgery at St. Luke’s Hospital in Chesterfield, Mo. During the surgery he was given Trasylol (also known as aprotinin), a clotting drug used to prevent bleeding. Shortly after the surgery, Nakis experienced kidney failure and underwent dialysis. He died a short time later.

The suit alleges that Bayer failed to warn prescribers and consumers of the dangers associated with the drug, defectively designed the drug, fraudulently concealed the dangers of the drug, breached the implied and express warranties and violated the Missouri Merchandising Practices Act. The suit seeks compensatory damages and damages for aggravating circumstances.

The lawyers of The Lowe Law Firm are experienced in helping people injured by Trasylol. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims harmed pharmaceutical products. If you cannot make it to our office, we will come to you at the hospital or your home.

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Birth Injuries that are the result of medical malpractice frequently are caused by lengthy labor failure to monitor the fetal heart rate and failure to perform a timely cesarean section. This results in a hypoxic brain injury. Doctors can tell after the baby was born if the injury was the result of a hypoxic brain injury during labor. First they test the baby's blood for acidosis or elevated levels of PH, which the body produces when the baby is deprived of oxygen. Also the results of serial CT scan can time approximately when the injury occurred. Lastly the fetal monitor strips will show substantial heart rate deceleration during labor.

In the case that resulted in the $30 million verdict, the mother was rushed to the hospital after her water broke and she went into labor. Monitors placed on her stomach warned that the baby’s brain wasn’t receiving enough blood and oxygen because he was being strangled by his own umbilical cord. It had wrapped twice around the baby’s neck.

Instead of performing a cesarean section immediately, the doctor waited several hours to deliver Jacob Tomlian. Eighteen months later, Jacob’s parents learned that their son had brain damage. His comprehension is far behind that of his peers. In addition, he suffers from cerebral palsy and spastic legs.

Jacob will never be able to work, never be able to drive, and will never be able to live on his own. He’s already had his kidney replaced and both of his legs broken and fused together. He will soon have hip surgery that will probably leave him wheelchair-bound for the rest of his life.

Fifteen years ago, Tomlian’s family sued Dr. Mark Grenitz, the gynecologist who helped deliver Jacob, as well as Westside Regional, the hospital in Broward County, Fla., where Jacob was born, for medical malpractice.

On Monday, a six-person jury unanimously concluded that the hospital and doctor were negligent and that those medical errors caused the boy’s injuries. They awarded Jacob $30 million in damages, the Miami Herald reports

The award is undoubtedly a relief for Jacob’s family because they no longer have to worry about his care. Having represented families in birth injury cases, I also know that every parent would gladly give the award away if they could undo the mistakes that caused their children so much pain.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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Trasylol also known as Aprotinin was recalled by Bayer in November 2007. Trasylol is a drug used to reduce the risk of post operative bleeding. Two more Trasylol studies have concluded that patients are more likely to die if treated with the defective drug. Trasylol, manufactured by Bayer AG, was the subject of an FDA Advisory Committee Safety Review that held its hearings in September 2006.

Prior to this hearing Bayer retained a professor to conduct a study to refute an earlier study that raised concerns of Trasylol's safety, especially in regard to caused renal or kidney failure. Instead of informing the FDA Advisory Committee of the results of the study Bayer failed to make any mention of it to conceal that the study it funded also questioned the safety profile of Trasylol.

Bayer evenrtuall suspended sales of Trasylol at the request of the FDA after Canadian health officials halted a portion of a clinical trial after it was determined that patients in the study treated with Trasylol where more likely to die.

Trasylol was approved in 1993, and was used to prevent bleeding during open heart surgeries. Since its approval, about a third of all heart surgery patients in the US have been treated with Trasylol. In December 2006, following the September meeting, the FDA updated the Trasylol label to include a black box warning - the agency’s strictest safety notice - stating that the drug placed patients at a high risk of kidney failure and death. The black box warning also cautioned that the use of Trasylol should be reserved only for patients who were at risk for significant blood loss during bypass surgeries.

Another FDA advisory panel that met in September 2007 agreed with the assessment that Trasylol had a high risk of causing serious side-effects, and it recommended that Trasylol undergo further clinical testing. However, the FDA panel also voted that Trasylol should stay on the market. Then in November, the Canadian Data Safety Monitoring Board had stopped a Trasylol trial - known as the BART clinical study - after a data analysis indicated that the 30-day mortality risk in the study’s Trasylol patients was nearing “statistical significance”. Following the revelations over the Canadian Trasylol study, Bayer suspended sales of the drug in the US, Canada and Germany.

Now two more studies have added to fears that Trasylol is dangerous. Bayer funded one of the two new studies, and had the preliminary results ready before the September 2006 federal hearing on the drug’s safety, but did not present them at the meeting. Bayer has defended its actions by saying the study results at the time where only preliminary and the study itself was flawed. The Bayer study looked at more than 78,000 patients nationwide in a period from January 1, 2003 to March 31, 2006. After adjusting for other factors, the researchers found the risk of death after surgery was 64 percent higher in the Trasylol group than in those taking a comparison drug.

The second Trasylol study looked at more than 10,000 patients who had bypass surgeries at Duke University Medical Center from 1996 through 2005. It found that 6.4 percent of patients who were given Trasylol died within 30 days of the surgery, a rate nearly 2½ times higher than patients who got another drug or who received no treatment for excessive bleeding. At one year after surgery, almost 16 percent of Trasylol patients had died — again, roughly 2½ times higher than the other two patient groups.

A spokesperson for the consumer advocacy group Public Citizen told the Associated Press that the latest Trayslol studies are convincing confirmation of the drug’s dangers. “I just don’t know how much further evidence you need,” said Dr. Sidney Wolfe. Wolfe added that federal health officials should pursue criminal charges against Bayer for withholding information from its own study from the FDA panel in 2006.

The lawyers of The Lowe Law Firm are experienced in helping people injured by Trasylol. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims harmed pharmaceutical products. If you cannot make it to our office, we will come to you at the hospital or your home.

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Posted In: Drug Safety

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As a lawyer who handles medical malpractice cases in Illinois, Missouri as well as many other states, I was surprised by the new study which concluded that medicine mix-ups, overdoses and adverse drug reactions hurts one out of every 15 hospitalized children, the Associated Press reports.

The study, which appears in the April issue of the journal Pediatrics, shows that previous error estimates were much too low. To expose the alarming rate of mistakes, researchers shied away from the voluntary reports of hospital staff. Instead, they developed a methodology that outlined 15 specific triggers that could signal a drug-related error.

The triggers included the use of the drug naloxone, an antidote for the overdose of morphine and other painkillers; the use of vitamin K, used as an antidote for an overdose of the blood thinner Coumadin; and the use of two different lab tests, one that detects insulin overdoses and another that detects heparin overdoses.

Actor Dennis Quaid’s newborn twins received life-threatening doses of heparin last November. The babies eventually recovered. In response to the harrowing event, Quaid and his wife formed a foundation to prevent medical errors. His advice to parents of hospitalized kids:

“Every time a caregiver comes into the room, I would check and ask the nurse what they’re giving them and why.”

Quaid’s experience and the new study make clear that adults aren’t the only ones hurt by preventable medical mistakes. When avoidable mistakes are made, the medical profession should be held accountable.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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Posted In: Drug Safety , Medical Malpractice

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An auto accident in St. Charles Missouri on April 5, 2008 killed one and injure two seriously when the driver lost contol of his pickup truck and hit a tree. According to the Missouri Highway Patrol, Shawn M. Ressor, 22, of O'Fallon, Mo., was killed in the accident.

Ressor was a passenger in a pickup truck driven by Jeremy Hembree, 20, of O'Fallon, Mo. Hembree was in serious condition today at St. Joseph's Hospital in St. Charles. Another passenger, Margaret L. Richardson, 20, of Wentzville, was in serious condition at St. John's Mercy Medical Center in Creve Coeur.

According to the Highway patrol, the truck left the south side of Highway P about 11:55 p..m. and struck a mailbox. The driver overcompensated, and the truck then went off the north side of the highway, hit a culvert, went airborne, struck a tree, and landed on its roof.

An initial free consultation with The Lowe Law Firm attorneys for victims of auto related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm Missouri/Illinois auto accident lawyers online or by calling 877-678-3400.

Visit our Accident Information Center.

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Trasylol also known as Aproptinin was recalled in November 2007 after it was linked to kidney damage which is also referred to as renal failure. My law firm represents over fifty plaintiffs who have suffered renal failure after being given Trasylol during cardiac artery bypass surgery. Below is a time line for the events leading to its recall

Dec. 30, 1993 – Aprotinin (Trasylol) Receives FDA Approval

The Food and Drug Administration announces the approval of Trasylol (Aprotinin). The drug is used to control excess bleeding in bypass heart surgery patients but the FDA also states that Trasylol should be reserved for heart surgery patients with a high risk of excessive bleeding. The FDA notes that kidney toxicity was reported as a problem in some patients during clinical trials.

Jan. 20, 2006 – Trasylol (Aprotinin) Associated With Renal Toxicity

A study is published in the medical journal Transfusion by Keyvan Karkouti and several other researchers suggesting that there is a link between Aprotinin and kidney problems among cardiopulmonary bypass patients.

Jan. 26, 2006 – Risks Associated with Aprotinin (Trasylol) in Cardiac Surgery

The New England Journal of Medicine publishes an article by Dennis Mangano and several other researchers with the Multicenter Study of Perioperative Ischemia Research Group and the Ischemia Research and Education Foundation. The researchers find a link between Trasylol and serious kidney problems and heart attacks. The study finds that patients who were given Aprotinin were more than twice as likely to have kidney failure requiring dialysis, a 55 percent increase of heart failure and a 181 percent increase in stroke. The authors advise against further use of the drug, since safer, cheaper alternatives are available.

Feb. 8, 2006 – FDA Public Health Advisory

Following two studies associating the use of Trasylol (Aprotinin) with increased risk of kidney failure, heart and central nervous problems after heart surgery, the FDA issues a public health advisory. The FDA recommends limiting Trasylol use to those situations where the clinical benefit of reduced blood loss outweighs the potential risks.

Sept. 21, 2006 –Cardiovascular and Renal Drugs Advisory Committee
The FDA holds a public meeting to discuss the safety of Trasylol. The committee effectively endorses the safety of Trasylol.

Sept. 27, 2006 – Additional Study Revealed by Bayer
Bayer reveals to the FDA that it had conducted an additional Trasylol safety study. The study of a 67,000-patient database shows use of Trasylol may increase the chance for death, serious kidney damage, congestive heart failure and strokes. The study was not disclosed to the FDA committee that met only the week before to discuss the drug’s safety. The failure of Bayer to disclose the data ignites a furor within the FDA.

Sept. 29, 2006 – FDA Public Health Advisory

The FDA announces that Bayer failed to disclose a Trasylol study prior to the Sept. 21, 2006 public meeting held to discuss the drug’s safety. The FDA warns doctors who administer Trasylol to carefully monitor their patients for any adverse events, in particular, problems with the kidneys, brain or heart. Physicians treating Trasylol patients are also encouraged to report any Trasylol problems to the FDA or Bayer Pharmaceuticals.

Oct. 13, 2006 – Bayer Suspends Employees over Trasylol Study

Following the failure to disclose the Trasylol safety study, Bayer suspends two employees who are members of the Germany Drug Safety Group.

The Federal Drug Administration begins a review of Trasylol after two published studies associated the drug with serious side effects including kidney damage, heart attacks, and stroke.

Dec. 15 2006 – FDA Revises Trasylol Labeling and Strengthens Safety Warnings

Following a review of safety information, the FDA strengthens Trasylol’s warning label. The label advises physicians that the drug increases the possible risk for kidney damage.

Nov. 5, 2007 – Bayer Agrees to Suspend Trasylol Marketing

Bayer agrees to suspend the marketing of Trasylol until a review of the preliminary results of a Canadian study is completed.

Feb. 21, 2008 – Two Studies in NEJM Confirm Trasylol Increases Risk of Death
The New England Journal of Medicine releases the Bayer-funded study and a second study conducted by Duke University Medical Center researchers. Both confirmed that patients given Trasylol during heart surgery were more likely to die than patients given a comparable drug.

The lawyers of The Lowe Law Firm are experienced in helping people injured by Trasylol. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims harmed pharmaceutical products. If you cannot make it to our office, we will come to you at the hospital or your home.

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Celebrex is risky choice for patients with heart problems,. According to a recently released study, the pain reliever increases the odds that people with heart problems will suffer a heart attack or stroke.

The study of the Pfizer-made drug was supported by the National Cancer Institute. It analyzed six studies conducted of 7,950 patients. Citing the Wall Street Journal, Reuters reported that researchers found that Celebrex “was associated with an increased risk of cardiovascular death, heart attack, stroke, heart failure or thromboembolic event, or events related to blood clots, compared to patients not taking the drug.”

Moreover, patients who received 400 milligrams of Celebrex twice a day had a three times higher risk of heart attacks and strokes compared with patients who had not taken the drug. Patients who were only given the 400 milligram dosage once a day had a 10 percent higher risk of a cardiovascular event.

Celebrex belongs to a class of drugs known as COX-2 inhibitors. Vioxx, also a COX-2 inhibitor, was removed from the market in 2004 after it was linked to heart attacks and sudden cardiac deaths. Another COX-2 inhibitor, Bextra, was also pulled from the market.

The lawyers of The Lowe Law Firm are experienced in helping people injured by a dangerous prescription drug. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of dangerous medications. If you cannot make it to our office, we will come to you at the hospital or your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

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