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Seeking truth, transparency, and resolution for injured consumers

Seeking truth, transparency, and resolution for injured consumers

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Periscope Group provides information, resources, and compassionate legal counsel, advocating on behalf of those facing injustice due to prescription drug complications and medical device failures.

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Our in-house legal counsel, Matthew J. Daher, earned his Bachelor of Arts degree from the University of Utah and his law degree from the University of Missouri – Columbia School of Law. Matt has devoted his entire practice to civil litigation, and has spent his career representing the rights of individuals who have been injured by pharmaceuticals, medical devices, medical malpractice, defective products, and motor vehicle accidents. As in-house counsel for Periscope Group, Matt leads our internal legal team and liaises with our external partners.

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Periscope Group provides information, resources, and compassionate legal counsel, advocating on behalf of those facing injustice due to prescription drug complications and medical device failures. Contact us today to see how we can help!

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How to File for Financial Settlement After Injury from an Unsafe Drug or Device

LATEST ARTICLES

4 Tips for Camp Fire Survivors to Help Replace Destroyed Items

When everything is lost, where do you even begin to start to replace what mattered most? This is the big question that victims of the Camp Fire in Paradise and other California fire survivors are asking themselves. While family heirlooms, childhood crafts, and other priceless items can’t be replaced, other favorite pieces can be with a little time and effort.

4 Tips for Camp Fire Survivors to Help Replace Destroyed Items

Our Call Center Manager, Laura, lost her family home in Paradise and is now helping her parents to rebuild what was lost. She has been busy reaching out to over 80 companies asking for a bit of generosity to replace items such as her dad’s barbecue, safe, and other valuable pieces. Some businesses have been amazing and have given the items for free or asked for just the cost of shipping while others have declined to even honor their warranties. (And just so you know, this post has two motives: 1) to advise you on how to ask companies for help and 2) to inform you of businesses who are compassionate and generous so we can continue to support them!)

2. Ask for a replacement item or a discount

Some people may think that your insurance is going to cut you a fat check to purchase everything you need, but usually they will cover only 50 – 75% of the initial costs, so a discount or free item is going to be incredibly appreciated. It may be helpful to mention that you have insurance, but it only covers a fraction of your losses. Also, a discount is better than nothing. We want to support these businesses who are willing to do what they can, not cause financial stress. Requesting a discount can help you to get what you need while also providing a way for the company to help without causes financial strain.

3. Explain the importance of the item in your letter

For Laura’s family, Sunday night barbecues were the highlight of the week. Her dad, Chris, was proud of his skills and he even created a designated spot with pavers to house his grill. Laura reached out to Weber and explained “every Sunday night in our family means barbecue, beer and football… family dinners revolve around BBQ.” Guess what happened? They offered Chris a 22” model for free. Maybe the item isn’t the exact one that you requested, but this was so generous on the part of Weber and it was a huge step in getting life back to normal for Chris.

4. Give as much information about the original product as you can.

A company is more likely to replace the item if you have proof of ownership and that you were personally affected by the fire (and not a scammer). Here is a great sample that Laura wrote:

My dad owned two toolboxes from Snap On and he has always been a Mr. Fix It type of guy. I wanted to reach out, because we just lost our family home in Paradise, CA to the Camp Fire and now his toolboxes and tools are destroyed. The toolboxes themselves are brittle and can not be fixed and all the tools inside are melted together.

I wanted to see if there was any way I could get a discount to re order him at least one of the toolboxes. Unfortunately, their insurance is going to take months, maybe even years to pay out and I can’t afford to replace the toolboxes and tools myself at full price. If you could place just let me know I would really appreciate it.

I have attached photos of the toolboxes that I believe he had. I also attached before and after photos of our home in Paradise. You can see the toolboxes standing right in the middle of the ashes behind the garage door in the after photo.

Physically everyone made it out okay, but what remains of the place we all called home is devastating. I would really appreciate anything you can do to help out my family. Thank you so much in advance for your time.

 

Out of the 80+ companies that Laura has contacted, only four have responded. If you need a barbecue or custom made sign, please support Weber barbecues and Second to None Fabrication. These companies were awesome and we would love to see them rewarded for their generosity.

Those on Santa’s Naughty List? Snap-on Tools, KA_BAR knives, and Sentry Safe. On Sentry Safe’s website, they even state that, “Should your safe go through a fire, SentrySafe will send a replacement safe free of charge, so the things that matter most are protected for generations to come.” Not only would the above companies not replace the items, but they also refused to offer a discount.

It’s going to take time to contact businesses, but it may be worth the effort to start getting your life back together. We also hope that you’ll be pleasantly surprised at the compassion and kindness you’ll find.

IVC Filters: What Have We Learned and Should We Be Concerned?

Less than five years ago, NBC News published a series of articles on IVC filters and the complications they can cause those who have undergone an implant. One of the folks they interviewed explained that four months after she was implanted with an IVC filter, she developed a severe headache and passed out. Within “two seconds of being in the ambulance, I started flat-lining . . . my family was notified” and “the priest was brought in.” During an emergency open-heart surgery procedure, surgeons were able to successfully remove a broken piece of the IVC filter that had migrated. Not all patients are this lucky.

IVC Filters: What Have We Learned and Should We Be Concerned?

In a separate interview, a man described how his mother had been implanted with an IVC filter and that “everything was fine” when she was discharged from the hospital. Sadly, his mother died within a week after returning home from the hospital. These stories are not isolated incidents. In fact, there are hundreds, if not thousands, of people in the United States who were implanted with an IVC filter and the result quickly led to life threatening complications and even death

The focus of the NBC News piece was on C.R. Bard and its Recovery IVC filter device. NBC made the following discoveries during its investigation:

  • After the problems with the Recovery began, Bard hired public-relations giant Hill and Knowlton.
  • Hill and Knowlton circulated a crisis management plan to Bard management, warning that “unfavorable press” could damage stock prices and ruin reputations.
  • The company also retained an outside doctor to conduct a confidential study, which was obtained by NBC News.
  • The consultant found the Recovery filter had higher rates of relative risk for death, filter fracture and movement than all its competitors.
  • “Further investigation . . . is urgently warranted,” the doctor wrote.
  • But even as death and injury reports were climbing, the company decided not to recall the Recovery.
  • Instead, Bard sold about 34,000 of them for nearly three years before replacing them with a modified version with a new name, G2.

C.R. Bard, along with Cook Medical, are two device manufacturers currently involved in litigation over their IVC filters. Each manufacturer has over 5,000 lawsuits filed against them in their individual federal court proceedings. periscopegroup.com/IVCfilter

What is an IVC filter?

As one doctor has described, “an IVC filter is a metal umbrella or metal scaffolding, which is placed in the inferior vena cava to filter blood flowing from the legs to the veins . . . designed to capture blood clots that may develop in the legs and dislodge, keeping them from migrating and going to the pulmonary artery.”

Permanent Filters and Retrievable Filters

Currently, there are two varieties of filters that doctors use in patients: (1) permanent filters, and (2) retrievable filters. Permanent filters are typically reserved only for use in patients with a high risk of a recurrent blood clot AND that patient CANNOT tolerate anticoagulation therapy (people whose bodies have an adverse reaction to blood thinners OR have recurrent pulmonary embolisms despite being on anticoagulation therapy). Retrievable filters are not the most commonly used, with a design similar to that of permanent filters, but built to be retrieved within several months of implant.

When Did IVC Filters Get On the Market And What Do We Know About Their Safety and Effectiveness

In the United States there are over 300,000 people who experience pulmonary embolism (“PE”). In 1973, Dr. Kim-Ray Greenfield inserted the first IVC filter to prevent PE. The use of these filters did not increase until the late 1990s when retrievable filters were developed. There has been an exponential increase in the use of IVC filters over the past two decades. In fact, an estimated 2,000 IVC filters were placed in 1979, with a 25-fold increase to nearly 50,000 filters in 1999. More recent studies have shown that approximately 17% of all patients in the United States diagnosed with venous thromboembolism (“VTE”) are implanted with an IVC filter, which is 25 times higher than the usage rates in Europe. A significant portion of the rise in filter implants came after the late 1990s and early 2000s when the United States Food and Drug Administration (“FDA”) approved the use of retrievable IVC filters. periscopegroup.com/IVCfilter

Currently, there is very limited evidence-based literature to support the high utilization rates of IVC filters. To date, there are only two randomized prospective trials that have investigated the safety and effectiveness of these filters to prevent PE. In both trials the patients were treated with anticoagulants, which limited the interpretation of the data acquired because the current clinical role for IVC filters is focused on patients who have adverse reactions to anticoagulation.

Between 1985 and 2000, 43% of articles listed on PubMed were focused on filter-related complications. From 2000 to 2017, the number of articles on IVC filter complications increased to 57%. Generally speaking, filter complications can be divided into three categories: (1) procedural complications, (2) delayed complications, and (3) complications associated with filter retrieval.

  • Procedural Complications
    • Venous Access Site
    • Malposition
    • Defective Filter Deployment
  • Delayed Complications
    • Migration
    • Thrombosis
    • Filter Fracture
    • IVC Perforation
    • Pulmonary Embolism
    • Device Infection

With respect to retrieval complications, long-term results are lacking. Prompt removal of filters as soon as indicated is recommended, but research and studies show that this is not typically the case in the United States.

In 2010, as a result of increasing reports of retrievable filter-related complications (in connection with very low filter retrieval rates) the FDA issued a safety communication placing the responsibility of filter retrieval on implanting physicians once protection from PE was no longer needed. This safety advisory was further renewed in 2014. The optimal retrieval window for retrievable filters is between twenty-nine (29) and fifty-four (54) days following implant. One study reviewing data between 2012 and 2016 found that nearly 66% of retrievable filters that were placed were never retrieved. Additionally, a systematic review of 37 studies (these 37 studies collectively reviewed the outcome of 6,834 patients) found that retrieval rate did not exceed 34%.

So Where Does This Leave Us For 2019?

The American College of Chest Physicians (“ACCP”) recommends placement of an IVC filter ONLY in patients with an acute deep vein thrombosis (“DVT”) and who cannot tolerate anticoagulation due to active bleeding or high risk of bleeding. As for the filters themselves, the verdict is still out on their use, and if possible, studies show that simultaneous use of anticoagulation is recommended as well.

Periscope Group is not owned by or operated on behalf of any attorney or law firm. We are not affiliated with any drug or medical device companies. We do not host advertisements nor do we accept advertising requests. We are here to help YOU, the consumer, become better educated and supported. You pay absolutely nothing for our help. It’s as simple as that.

Periscope Group is not owned by or operated on behalf of any attorney or law firm. We are not affiliated with any drug or medical device companies. We do not host advertisements nor do we accept advertising requests. We are here to help YOU, the consumer, become better educated and supported. You pay absolutely nothing for our help. It’s as simple as that.

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