Month: December 2016

Concussion Lawsuits

Former Rutger’s University Football Player Files Concussion Lawsuit

Raizner Slania filed a lawsuit on behalf of a former Rutgers University football player against the National Collegiate Athletic Association (NCAA) and the American Athletic Conference (AAC) for failing to educate student-athletes on the long-term effects of repeated concussions sustained during play and for failing to provide appropriate medical treatment for concussions.

The plaintiff played for The State University of New Jersey, also known as Rutgers University, as a nose guard and defensive tackle from 2003 to 2005. During his time playing for the university, the plaintiff recalls suffering from many concussive and sub-concussive hits during both practices and games. The plaintiff specifically remembers being hit so hard during games that he saw “stars” or just went “black.”

During his time playing football, the NCAA and the AAC failed to adopt or implement adequate concussion management safety protocols or return to play guidelines. After each concussive hit, the plaintiff was quickly returned to the game without receiving the necessary medical treatment required to help mitigate the damage from repeated head impacts.

As a result of his time playing for Rutgers, the plaintiff suffers from severe headaches, sleeping problems, memory loss, light sensitivity, and other debilitating issues.

The NCAA was established to improve “the experiences of student-athletes – on the field, in the classroom, and in life.” The organization currently governs over 400,000 student athletes from universities across the country. However, despite the NCAA’s commitment to the health and well-being of its student-athletes, the NCAA and the AAC put profits before players in the management of concussions.

The NCAA and AAC make millions of dollars each year off of football programs. Despite the financial success of the college football program, very little care was taken to protect the long-term health of the athletes responsible.

Raizner Slania: NCAA Concussion Lawsuits

If you or someone you love sustained a concussion while playing football for an NCAA regulated team or conference, the experienced trial attorneys at Raizner Slania can explain your legal options and protect your rights. Our consultations are free and we work on a contingency fee basis, so you won’t owe us anything unless we help you recover compensation. Call us today.

Bair Hugger Infection Lawyers

North Carolina Couple Files Bair Hugger Lawsuit

Raizner Slania filed a lawsuit on behalf of a North Carolina couple against 3M Company and Arizant Healthcare after the husband developed an infection from the Bair Hugger Warming Blanket used during his surgery.

In October 2009, the plaintiff underwent surgery for bilateral knee arthroplasties in which the Bair Hugger warming blanket was used. As a direct result of the use of the Bair Hugger device, contaminants were introduced into the plaintiff’s open surgical wound causing him to develop a periprosthetic joint infection (PJI), also known as a deep joint infection (DJI).

The infection was identified as coag-negative staphylococcus. This type of infection is most commonly associated with foreign objects in the body and can be incredibly difficult to treat.

As a result of the infection caused by the Bair Hugger device, the plaintiff had to undergo several multi-staged removal and revision arthroplasties, irrigation and debridement, knee aspirations, and prolonged antibiotic therapy to treat the infection.

The additional medical treatments and surgeries not only caused the plaintiff substantial physical pain, but also caused him to suffer severe economic loss from both medical bills and lost wages.

The North Carolina couple believes the Bair Hugger device is defective in design and manufacture, and the companies are grossly negligent for failing to warn doctors and patients of its risks. The couple alleges the companies committed consumer fraud and/or unfair and deceptive trade practices under North Carolina state law.

What Is The Bair Hugger?

The Bair Hugger is a device used to regulate body temperature during surgery. The device is composed of a pump that pushes air through a blanket draped over the patient. The blanket has holes in it so that the forced air can spread itself over the patient’s body to keep body temperature in the appropriate range. Unfortunately for patients, it is now believed that the pump system can suck in airborne contaminants, push them over the patient’s body, and force them into open surgical wounds, causing infections.

Raizner Slania: Bair Hugger Infection Lawyers

Patients who had hip or knee replacement surgery and developed an infection may be entitled to compensation. The experienced defective medical device attorneys at Rainzer Slania can analyze your claim and help you understand your legal options. Call us today for a free consultation to discuss your case.

Apartment Complex Hail Damage

Harris County Apartment Complex Owner Files Hail Damage Lawsuit

Raizner Slania filed a lawsuit on behalf of a local apartment complex owner against Westchester Surplus Lines Insurance Company and Engle Martin and Associates after its commercial hail damage insurance claim was wrongfully denied under Texas law.

May 2014 Harris County Hail Storm

On May 28, 2014, a hail storm swept through Harris county, causing substantial damage to the exteriors, interiors, roof, HVAC, and other structures on the plaintiff’s property. Immediately upon discovering the damage, the plaintiff filed an insurance claim for the damage caused by the storm.

April 2015 Windstorm

A second wind and hail storm struck the plaintiff’s property on April 19, 2015, causing further damage. Again, the plaintiff immediately filed an insurance claim asking the damages be covered pursuant to its policy. In response to the claims, Westchester hired adjusters, consultants, and agents that were inadequate and improperly trained. Specifically, Westchester assigned the claim to Engle Martin and Associates as the third party adjusting firm to handle the claim, which in turn assigned the claim to its internal adjuster.

The internal adjuster conducted an unreasonable and inadequate investigation and denied the existence of any wind and hail damage to the roofs, windows, HVAC, interior, and structures. The internal adjuster refused to accept damages from the May 2014 hail storm, and what damages the internal adjuster did accept were grossly undervalued.

Engle Martin and its internal adjuster refused to engage competent consultants to evaluate the damage and chose to ignore submissions from forensic weather consultants confirming the covered wind and hailstorms in question at the subject location.

As a result of the haphazard investigation, Westchester wrongfully denied and delayed payments for property repairs. Westchester grossly underestimated the damages to the property and incorrectly claimed the damages fall under the policy deductible.

The Insurance Carrier Violated The Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to implement reasonable standards for the investigation of a claim, and refusal to pay a claim without conducting a reasonable investigation.

Raizner Slania: Apartment Complex Hail Damage Claim Attorneys

If your insurance carrier denied, delayed, underpaid, or disputed a Texas apartment complex hail damage claim, you need an experienced team of insurance lawyers to help you get the compensation you deserve. The attorneys at Raizner Slania have been extremely successful in obtaining fair compensation for victims of bad faith insurance practices. Call us today to schedule a free consultation to discuss your case.

NCAA Concussion Injury Attorneys

Former Ball State Football Player Files Concussion Lawsuit

Raizner Slania filed a lawsuit on behalf of a former Ball State football player against the National Collegiate Athletic Association (NCAA) and the Mid-American Conference (MAC) for failing to provide appropriate medical protocols and treatment for concussions sustained during play.

The plaintiff played football for Ball State from 1993 to 1995 as a fullback. He remembers suffering at least three concussions during his time playing for the university. Specifically, he remembers sustaining a concussion in 1993 from hitting a linebacker. The plaintiff tried to sit out of a practice following the concussion, but the coaching staff told him he had to participate in practice or he would lose his scholarship.

Every time the plaintiff suffered a concussive or sub-concussive hit, he was deprived of the appropriate medical attention and quickly returned to play. During his time playing for Ball State, the NCAA and the MAC failed to adopt or implement adequate concussion management safety protocols or return to play guidelines.

As a result, the plaintiff now suffers from anxiety, dementia, depression, headaches, impulse control, memory loss, sleeping disorder, and other debilitating issues.

The NCAA and the MAC had an obligation to supervise, regulate, and monitor the rules of the Ball State football program and provide appropriate and up-to-date guidance and regulations to minimize the risk of long-term and short-term brain damage to Ball State football players.

Studies show repetitive exposure to rapid accelerations to the head causes deformation, twisting, shearing, and stretching of neuronal cells. When this occurs, not only does it damage the brain, but it also releases small amounts of chemicals within the brain that can cause additional neurological side effects.

NCAA Concussion Injury Attorneys

The NCAA has an obligation to protect student-athletes, not to be a silent party to their injuries. If you or a loved one experienced brain trauma as a result of a head injury sustained while playing football for an NCAA regulated team, please contact the attorneys at Raizner Slania today. We can analyze your situation and help you understand your legal options. Call us today to schedule a free consultation.

NCAA concussion attorneys

Raizner Slania Files Concussion Lawsuit On Behalf Of Former Murray State Football Player

Raizner Slania has filed a lawsuit on behalf of a former Murray State student-athlete against the National Collegiate Athletic Association (NCAA) and the Ohio Valley Conference (OVC) for failing to properly educate student-athletes on the long-term effects of repeated concussions and for failing to provide appropriate medical protocols and treatment.

The plaintiff played football for Murray State from 2000 to 2005 as a fullback, tight end, and long snapper. During his college football career, he suffered repeated head trauma. Specifically, he recalls being hit so hard he lost consciousness three or four times during games and practices.

After each concussive or sub-concussive hit, the plaintiff was quickly returned to the field of play without receiving the medical attention that the NCAA and the OVC knew was necessary to monitor, manage, and mitigate risks associated with repeated concussions.

Although the plaintiff sustained repetitive concussive and sub-concussive hits in practices and games for their profit and promotion, the NCAA, and the OVC failed to adopt or implement adequate concussion management safety protocols or return to play guidelines during the plaintiff’s time on Murray State’s football team.

As a result of his time playing for Murray State, the plaintiff now suffers from memory loss, blackouts, severe depression, anxiety, and other debilitating medical issues.

The NCAA, its conferences, and its universities have a responsibility to safeguard the health and wellbeing of students-athletes and to educate all student-athletes on the risks associated with gameplay. Unfortunately, despite the financial success of the NCAA and its conferences, very little care is taken to ensure students playing football and other sports are properly cared for.

NCAA Concussion Attorneys

If you or someone you love sustained a concussion while playing football for an NCAA regulated team, the experienced NCAA concussion attorneys at Raizner Slania can help you understand your legal options and protect your rights. Our firm represents many former athletes from a number of major athletic programs. Call us today to schedule a free consultation to discuss your case. We work on a contingency fee basis, so you won’t owe us anything unless we help you recover compensation.

Bair Hugger Amputation

Massachusetts Man Has Legs Amputated, Files Bair Hugger Lawsuit

Raizner Slania filed a lawsuit on behalf of a Massachusetts man who suffered a severe infection as a result of the Bair Hugger warming blanket used during surgery. The plaintiff alleges the manufacturers, 3M Company and Arizant Healthcare, failed to warn him of the infection risk associated with the device.

In December 2010, the plaintiff underwent a total left knee replacement in which the Bair Hugger device was used during the scope of his procedure. The device introduced contaminants into his open surgical wound, causing him to develop a periprosthetic joint infection (PJI), also known as a deep joint infection (DJI).

The pathogens identified were Methicillin-resistant staphylococcus aureus (MRSA) and Methicillin-sensitive staphylococcus aureus (MSSA). MRSA is often referred to as a “super bug” because it is resistant to the antibiotics usually used to treat infections.

The plaintiff underwent extensive treatments to fight the infection, including prolonged antibiotic therapy and irrigation and debridement; but, unfortunately, he ultimately had to have his left leg amputated above the knee.

Although the infected leg was amputated, the MRSA infection had already spread to his spine where he developed an infection in his T12-L1 vertebrae. Once the MRSA infection reached the plaintiff’s spine, it spread to his right knee prosthesis. Unfortunately, the plaintiff also had to have his right leg amputated above the knee to fight the infection.

The plaintiff suffered immeasurably from the infections caused by the Bair Hugger device both economically, with the cost of medical treatment and loss of income capability, and emotionally. He alleges 3M and Arizant were grossly negligent in failing to warn patients the Bair Hugger could cause serious infections. The plaintiff also believes the device is defective in design and manufacture.

Bair Hugger Amputation Attorneys

If you or someone you love developed a MRSA infection and/or suffered a leg amputation after a total hip or knee replacement surgery, you may be able to file a lawsuit. Call the experienced Bair Hugger infection lawyers at Raizner Slania today to schedule a free consultation. Our lawyers can analyze your situation and help you understand your legal options.