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PHILIPS RECALLS CPAC AND BiPAP MACHINES

On June 14, 2021 Philips, makers of CPAP, BiPAP and mechanical ventilators for home use, issued a recall of certain machines because the sound abatement material could deteriorate and cause potential health risks to the users.  Simply put, the sound insulation could breakdown and release particles or carcinogenic gases into the system which the user could breath in.  Here is the link to read the actual recall notice and get information on how to get your machine fixed.  If your health has been affected by the defect in the machine you should consult your treating doctor as soon as possible.

Before you do anything with the machine please take a picture of the serial number label on the bottom of the machine.  Both to know the serial number and as proof that you owned one of the recalled machines.

As soon as the legal community has created a plan of action, our firm will be accepting clients who used the recalled machines.  At this time, please fill out our new case form on this website and email a picture of the label to staff@gurfeindouglas.com.  Please include a description of how, if at all, your health has worsened since using the recalled machine.

ZOFRAN CAN CAUSE BIRTH DEFECTS

ZOFRAN AND BIRTH DEFECTS 

ZOFRAN is a prescription drug sold by GlaxoSmithKline for control of vomiting and nausea.  It is intended to be used by people who have had chemotherapy and radiation that makes them sick.  When a drug has a specific purpose, it is listed in the company’s information sheet under “INDICATIONS”.  Zofran is “indicated” for nausea in cancer patients.

GlaxoSmithKline has also been promoting Zofran to doctors for pregnant women who are experiencing morning sickness.  Morning sickness is NOT listed in the “indications” part of GlanxoSmithKline’s information sheet, so its use for pregnant women is called “OFF LABEL”.  GlaxoSmithKline’s sales people actively promote this “OFF LABEL” use to doctors.

There are studies which show that pregnant women who take Zofran are twice as likely to have children with birth defects such as cleft palates and heart defects.  If you took Zoran during pregnancy and your child was born with a birth defect, call us, fill in our response form or click on the chat window to speak to an operator now; we may be able to help.

MILLION DOLLAR VERDICT REPORT

Founding partner, Richard A. Gurfein, tried a medical malpractice case to verdict in Nassau County, NY. The jury awarded the family of a 60 year old auto mechanic $3.6 million dollars for his wrongful death. 

On July 23, 2010, Nelson Zuluaga drove himself to Winthrop Hospital because he was having chest pain, shortness of breath and palpitations.  These were the same symptoms he had 4 months earlier, in March, that also brought him to Winthrop’s emergency room.  At that time a cardiologist assigned to him diagnosed Atrial Fibrillation and performed a cardioversion (synchronized shock to the heart) and restored his normal heartbeat.

Mr. Zuluaga was admitted to the Winthrop Hospital from the emergency room and placed on a telemetry floor until Monday when the cardiologist planned to do another cardioversion.  However, around Midnight the first night he had an episode of 5 beats of ventricular tachycardia, renewed chest pain at a lower heart rate and a prolonged QT interval on his EKG.

  These three new symptoms should have caused him to be moved to the CCU or coronary care unit where there would be more intensive monitoring of his condition.  He was not moved.  The following night, Saturday night at 2:40 AM Sunday morning, he again experienced 5 beats of ventricular tachycardia and the nurse notified the resident on call.  This time no one came to the floor to examine Mr. Zuluaga, no vital signs were recorded in the chart, no orders were given and he was not transferred to the CCU.  At 5:50AM he suffered a cardiac arrest and a team was called to the telemetry floor.  Resuscitation lasted one hour and twenty minutes.  He was shocked on 4 separate occasions.  He survived, but suffered brain damage from lack of oxygen due to the extra time it took to start resuscitation.  Had he been in the CCU, resuscitation would have begun much sooner and brain damage would have been avoided.

Mr. Zuluaga spent the next 5 and a half months at Winthrop Hospital with a myriad of medical problems caused by the brain damage and inactivity.  He was then transferred to A. Holly Patterson Nursing Home and with a few short weeks of their therapies he was able to speak and make purposeful movements of his arms and legs.  Unfortunately, while he was immobile at Winthrop a feeding tube had to be inserted through the stomach wall because he could not control his muscles sufficiently to chew or swallow.  That tube became clogged on April 14, 2011 and he was taken to Nassau University Medical Center for evaluation and surgery.  Before that could be done he suffered a respiratory arrest and cardiac arrest and could not be resuscitated and passed away on April 15, 2011, nine months after the arrest at Winthrop.

The jury made awards for wrongful death, medical expenses, loss of wages, loss of pension benefits, conscious pain and suffering and loss of consortium totaling $3,600,069.00 against Winthrop Hospital for the failure of the resident on call to respond to the nurse’s notice of 5 beats of ventricular tachycardia.

Mr. Zuluaga is survived by his wife, Isabel, his children Nelson B. and Nelisa and one grandchild. 

ERB’S PALSY

$1,200,000 settlement on behalf of a 4 year child with Erb’s Palsy.

This was the second delivery for this 36 year old mother who gained 34 lbs. during her pregnancy. She went into labor about one week past her due date and was in labor in the hospital approximately 10 hours. She delivered a 9 lb 9oz baby after a shoulder dystocia (shoulder stuck behind pubic bone).

The delivery was videotaped by the Mom’s sister. The videotape showed the doctor using all her weight to push the baby’s head down to try to relieve the stuck shoulder. This was the absolutely wrong way to deliver this child. The doctor failed to use the established maneuvers for freeing a stuck shoulder. That caused permanent damage to the nerves exiting the spine in the neck leaving this child with a useless arm (Erb’s Palsy).

The settlement was structured to provide future income for the child and money for expenses for therapy.

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