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What Is Aqueous Film-Forming Foam (AFFF)?

AFFF contains fluorochemical surfactants developed to fight flammable liquid fires. It has been widely used by both military and civilian firefighters. AFFF is often used on airfields. (1) (2) (3)

Firefighter foaming the ground

AFFF Contains Manmade Chemicals

AFFF includes perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). These two chemicals are in a group of manmade chemical compounds known as perfluorinated compounds. (4)

PFOA and PFAS are per- and polyfluoroalkyl substances (PFAS). They have been used since the 1940s and are found in numerous consumer products. Widespread use has meant PFOA and PFOS are now in the air and soil. Alarmingly, these chemicals are also in drinking water. (5) (6) (7)

Civilian use of AFFF has mostly been at firefighting training locations or facilities, accident or emergency response sites, and aircraft hangers. (8)

You may have many questions about AFFF foam lawsuits. Here are answers:

Is AFFF foam banned? Partially. It is banned in a handful of situations and many states. The National Defense Authorization Act For 2020 bans the use of AFFF foam by the military. (9) New York is among the many states that banned or restricted the use of these chemicals. (10)

Is AFFF foam harmful? High levels of AFFF exposure are linked to a number of serious health conditions, including some cancers. (11)

Is AFFF being discontinued? As many as 24 states and the military have banned or restricted AFFF use. (12)

Is aqueous film-forming foam hazardous? AFFF contains PFAS, which are toxic chemicals. (13)

What is the difference between foam and AFFF? Fluorine-free foam is not harmful to the environment. AFFF is harmful. (14)

Does all AFFF foam contain PFAS? Firefighting foams are class B surfactant solutions, categorized as either fluorinated or fluorine-free. Fluorinated foams contain PFAS. (15)

Firefighters, Individuals, and Water Providers Impacted Around the Country

Firefighters and other individuals need to deal with serious medical issues. Water providers near contaminated sites face expensive removal and cleanup costs. An AFFF foam lawsuit can help recoup these costs. 

According to the nonprofit Environmental Working Group (EWG), more than 3,186 locations across the U.S. are contaminated with PFOA and PFOS. (16)

EWG’s interactive map identifies water providers impacted by these chemicals. Much of this contamination can be attributed to the use of AFFF.

Scientist examining toxic water samples

Human Exposure

The Centers for Disease Control and Prevention (CDC) indicates people are “most likely exposed to PFOA by drinking contaminated water sources, and possibly by using products that contain PFOA.” (17)

The EPA explains “potential exposure pathways include ingestion. …or inhalation of PFAS-containing particulate matter.” The EPA adds that human exposure can come from water supplies associated with manufacturing locations, industrial “use or disposal” sites, and even airports. (18)

PFOS and PFOA have been found at and in: (19)

Serious health injuries linked to AFFF include: (20) (21) (22)

Other AFFF health issues are: (23) (24)

AFFF Foam and Cancer

“PFAS chemicals attached themselves to proteins in human blood.“ This allows them to persist in the body, reports the investigative news organization, Public Health Watch. (25)

“Certain PFAS can accumulate and stay in the human body for long periods of time. Long-term exposure to PFAS/PFOA/PFOS, in high concentrations, causes a buildup in the body,” according to the U.S. Fire Administration. (26)

Here are the answers to questions you may have about the AFFF foam and cancer lawsuit:

Is AFFF foam linked to cancer? Scientific evidence indicates an association between AFFF foam and cancer. (27)

What cancers are caused by AFFF foam? Increased risks of testicular and kidney cancers are associated with long-term PFAS exposure. (28)

What states have banned AFFF foam? Almost half of the U.S. states have bans or restrictions on the use of AFFF foam. (29) (30) 

Can you get VA disability for exposure to AFFF? You can file a claim for disability benefits related to AFFF exposure during military service. (31)

Health Risks to Pregnant Women and Infants

Some population groups are more sensitive to this chemical exposure. These include infants and women of childbearing age. These women may experience pregnancy-induced: (32) (33) (34)

In fetuses and infants there may be developmental issues such as: (35)

PFOS and PFOA Health Advisory and Standards

After determining to regulate PFOS and PFOA contaminants in 2021, EPA issued four drinking water health advisories in 2022. (36) (37)

In March 2023, EPA proposed to set drinking water standards at 4 parts per trillion (ppt) for PFOA and PFOS, as “individual contaminants.” (38)

This maximum contaminant level (MCL) would be “enforceable,” requiring public water systems to monitor and notify the public, as well as reduce PFAS levels in their systems should levels exceed the MCL. (39)

“On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS.” The proposed MCL was confirmed for PFOA and PFOS. Limits of 10 ppt were set for PFHxS, PFNA, HFPO-DA and 1 (unitless) for any “mixture containing two or more of” them or PFBS. (40)

Clear water running out of faucet

AFFF Lawsuits and Multidistrict Litigation

Anyone who has been harmed by exposure to AFFF through their groundwater or drinking water is encouraged to explore their legal options. Weitz & Luxenberg brought one of the first class action lawsuits on behalf of communities that were exposed to AFFF chemicals in their drinking water.

Cases from around the country have been brought by communities against AFFF manufacturers. These AFFF lawsuits on behalf of municipalities and other water providers have been consolidated into a multidistrict litigation (MDL) in the U.S. District Court for the District of South Carolina. In 2023, settlements were announced with two of the defendants in the MDL — 3M and DuPont — that will pay billions of dollars to impacted water providers. Claims are still pending against other several companies.

Is the AFFF lawsuit real? Yes. Water providers and municipalities can join the MDL. Individuals, including firefighters, can file their own personal injury cases.

Who qualifies for the AFFF lawsuit? Anyone who can show illness, due to exposure to AFFF over extended periods of time, may qualify. You need to have been diagnosed with specific injuries — such as ulcerative colitis, or kidney, testicular, liver, or thyroid cancer — to be eligible for our AFFF lawsuits.

Bring AFFF Manufacturers to Justice

People are being exposed to hazardous chemicals. Many of you are suffering from illness because these chemicals have gotten into your bodies. 

“The people of this country who live near military bases are being exposed to hazardous chemicals,” says Nancy Christensen, one of our W&L attorneys from our Environmental, Toxic Torts, and Consumer Protection Practice Group. “You are suffering from health issues due to these chemicals that get into your water supplies.”

Ms. Christensen insists, “Companies who create products that harm you need to be held responsible for what they did.”

The Litigation Process

W&L attorneys listen to your story and examine any documentation — employment and insurance records, a medical diagnosis, and bills — you can provide. We investigate and advise you of your legal options. We support our clients through all settlement negotiations, and courtroom trials, if necessary.

An AFFF foam lawsuit can compensate you for your injuries and hold responsible parties accountable. This includes:

Reach out to us, so our attorneys can help you get any compensation you deserve for your suffering.

Gavel on a desk.

Successful W&L Water Contamination Lawsuits

Our attorneys are knowledgeable regarding environmental issues, especially as they relate to consumer protection and personal injury law. W&L understands the financial burden and emotional suffering you face. 

Here are just two examples of how we have helped our clients:

Reach Out to W&L for Help

AFFF poses public health hazards. Don’t let unscrupulous companies shirk responsibility for harmful actions. 

Reach out to us today. We will do all we can to help you get compensation and justice for the injuries you are suffering due to AFFF toxic chemicals. 

The Gallup-Palmer College of Chiropractic Annual Report indicates 62% of U.S. adults have experienced neck or back pain severe enough to seek treatment. (2) And, the Centers for Disease Control and Prevention (CDC) found that over 10% of U.S. adults visited chiropractors in 2017. (3)

However, chiropractic care has risks. Many people have been injured during chiropractic treatment and some have even died.

Chiropractic malpractice occurs when a patient suffers injuries because a chiropractor did not follow the accepted standard of care within the profession.

Deaths and Injuries from Chiropractic Care

One study finds that 26 deaths from chiropractic care have been reported and cautions that many more may go unreported. The author points out, “The alleged pathology usually was a vascular accident involving the dissection of a vertebral artery” and concludes, “Numerous deaths have occurred after chiropractic manipulations. The risks of this treatment by far outweigh its benefit.” (4)

A report on chiropractic training, practice, and research in the U.S. states, “the risk is higher for manipulation involving rotation plus extension of the cervical spine than for other types of manipulation.” (5)

“Chiropractors would like you to believe that the incidence of stroke following neck manipulation is extremely small… No one really knows, however, because (a) there has been little systematic study of its frequency; (b) the largest malpractice insurers won’t reveal how many cases they know about; and (c) a large majority of cases that medical doctors see are not reported in scientific journals,” according to Steven Barrett, M.D. (6)

If you have been injured during chiropractic treatment or a loved one has died from injuries due to chiropractic treatment, a lawsuit can hold the chiropractor accountable and help you gain compensation.

Weitz & Luxenberg’s personal injury team can help you determine if you have grounds for a chiropractic malpractice lawsuit.

What Is Chiropractic Malpractice?

Chiropractic doctors utilize techniques for the manipulation and adjustment of the spine to relieve pressure on nerves due to displacement or a partial dislocation. Chiropractors believe that nerve pressure and misalignment are the root cause of many conditions and diseases.

Chiropractic malpractice is improper, illegal, or negligent professional treatment by a practitioner of chiropractic medicine. There are two primary forms this malpractice can take.

CD is when a separation of the layers of the artery wall supplying oxygenated blood to the brain occurs. CD often affects the upper cervical spine and involves the internal carotid artery or vertebral artery. (7)

Chiropractors treating patients for head and neck pain frequently use cervical manipulative therapy (CMT). This technique utilizes quick, thrusting movements which can lead to a stroke. (8)

One recent study by the American Heart Association Stroke Council was published in the Stroke journal. Researchers conclude, “…clinical reports suggest that mechanical forces play a role in a considerable number of CDs and most population controlled studies have found an association between CMT and VAD [vertebral artery dissection] stroke in young patients.” (9)

Other Ways a Chiropractor May Be Negligent

Besides the two main types of chiropractic malpractice, there are other types of malpractice that could injure you or a family member. These include:

Even chiropractors may be critical of their profession. “Chiropractic is based on a false theory [1]. Its practitioners are inadequately trained in diagnosis, and most do not know their limitations [2]. Malpractice is an inevitable result of these circumstances,” argues Peter J. Modde, D.C., one-time chairman of Washington State chiropractic society’s public relations committee. (10)

How to Take Legal Action

Successful chiropractic lawsuits hinge upon proof of negligence (medical malpractice) by the chiropractor.

To succeed, you and your attorney must be able to establish:

In some states, before filing a chiropractor lawsuit you must notify the chiropractor that you intend to sue and why. Additionally, you and your attorney must provide an expert opinion stating that the chiropractic treatment did not meet the standard of care.

Chiropractic Standard of Care

Key to your lawsuit is the complex notion of “standard of care.” The legal definition of chiropractic standard of care varies slightly from state to state.

The basic legal concept is “’What a (licensed) prudent, competent doctor of chiropractic in the same region would do in the same or similar circumstances,’” (11) explains Michael Kohler, a chiropractic who has testified in many legal cases.

“The chiropractic standard of care represents conduct that has been established with scientific, empirical, and/or clinical evidence. Consensus opinions including such factors as how widely used the form of treatment is, where it is taught, and how appropriate it is for the condition(s) upon which it is utilized are considered,” he continues. (12)

If you were hurt by an action a chiropractor did or failed to do, you may be eligible for compensation. Contact us now for a free consultation.

Get a Free Case Review

Problems with Expert Testimony

“Chiropractors are considered by the courts and legislatures to be limited practitioners of medicine,” explains Susan M. Hobson in the Indiana Law Journal. Plaintiffs in chiropractic lawsuits must “rely on expert testimony to establish the chiropractor’s negligence.” (13)

Hobson points out how this can lead to problems when the use of inconsistent standards by state courts are applied. If a plaintiff turns to a physician for expert testimony in a chiropractic malpractice lawsuit, the state court may be following a “traditional common law same school requirement.” A doctor who practices one type of medicine is not qualified to give expert testimony against a doctor who practices another type of medicine.

Therefore, the state will not allow a medical doctor to give expert testimony in a chiropractic malpractice lawsuit. “Since the defendant is not a physician, courts do not prefer to judge the chiropractor by a physician due to the differences between the two in education, training and beliefs,” notes Hobson. (14)

“A similar rationale for the same school rule is that since the plaintiff chose to seek treatment from a practitioner of one school, the plaintiff may not complain after the treatment that the practitioner did not conform to another school’s standards,” Hobson adds. (15)

Overlap Exception

There are many exceptions to the common law same school requirement which some states employ in order to circumvent this requirement.

The primary exception is known as the “overlap” exception. In this exception, a physician may testify against a chiropractor if there is an area of knowledge or treatment common to both types of medicine. (16)

“Whether a physician is competent to testify in a chiropractic malpractice action may be the determinative factor in a plaintiff’s case,” Hobson notes. (17)

Federal Rule of Evidence 702

Another rule used to determine witness expertise is the Federal Rule of Evidence 702.

This rule states, “‛If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education, may testify thereto in the form of an opinion or otherwise.′” (18)

Hobson explains, “Unlike the rigid same school test, Federal Rule of Evidence 702 looks not only to the expert witness’s license or profession, but also to the possibly relevant information the witness possesses.” (19)

Knowledgeable attorneys, such as the medical malpractice team at Weitz & Luxenberg, are familiar with the New York state court system and can help assemble expert witnesses who meet the necessary standards.

Filing Complaints with the Chiropractic Examiners Board

If you have concerns about the medical treatment you received from a chiropractor, you may want to file a complaint with the Chiropractic Examiners Board.

The process of filing a complaint differs from state to state. Generally, it is a matter of filling out and submitting a form along with any appropriate documentation.

The Chiropractic Examiners Board protects consumers through licensing and enforcement functions. Once the board receives a written complaint form, it reviews the complaint and determines if it has jurisdiction or needs to forward the complaint to another authority for action.

If the board has jurisdiction, it launches an investigation and takes action. Some actions that the board can take include reprimands or citations, probation, and license revocation.

Weitz & Luxenberg Wins Malpractice Cases

Weitz & Luxenberg’s medical malpractice attorneys have a history of success.

In one year alone, we helped malpractice clients recover $7 million.

In addition, W&L negotiated an almost $2 million medical-malpractice settlement on behalf of the estate of a woman who died.

Our firm also filed and settled an $8 million settlement for obstetrical malpractice.

W&L handled another malpractice suit that yielded a settlement of $6 million.

Studies Link Elmiron (Pentosan Polysulfate Sodium) to Retinal Damage

Studies have linked use of Elmiron, pentosan polysulfate sodium (PPS), to a unique kind of eye damage affecting the retina. This damage is best described as a type of pigmentary maculopathy.(4) (5) (6)

An initial study published in 2018 reported on a type of pigmentary maculopathy linked to chronic exposure to PPS. Patients in that study reported having difficulty reading. They also said they had experienced “prolonged dark adaptation.”(7)

Multiple researchers have responded to the reports of these eye adverse events. For example, one researcher and his colleagues concluded in an editorial submitted in response to the study above that, “these findings are alarming for both physicians and patients, and highlight the importance of annual ophthalmic examinations for all patients. … [T]he vision-threatening pigmentary maculopathy identified … is irreversible and vision loss of this nature is not recoverable.”(8)

Elmiron Pigmentary Maculopathy and Other Eye Problems

Taking Elmiron may lead to “vision-threatening medication toxicity.” This medical complication affecting your eyes raises significant concerns.(9)

Many people diagnosed with “similar-appearing” eye problems may have been misdiagnosed. “Preliminary investigations of databases indicate that many thousands of patients may be at risk.”(10)

Many patients who have been experiencing symptoms of Elmiron-related pigmentary maculopathy over the past two decades may have been misdiagnosed with “age-related macular degeneration and pattern dystrophy.”(11)

Symptoms of Pigmentary Maculopathy

Patients with Elmiron pigmentary maculopathy may experience:(12)

Several patients also have been reported to have choroidal neovascularization. Choroidal neovascularization is a condition in which there is development of “new, damaging blood vessels that grow beneath the retina…in an area called the choroid.” Choroidal neovascularization can cause vision loss.(15) (16) (17) (18)

What Is Elmiron Approved To Be Used For?

Elmiron is approved by the U.S. Food and Drug Administration (FDA) to help relieve bladder pain or discomfort in patients who have been diagnosed with interstitial cystitis. (19)

Interstitial cystitis is a chronic condition affecting the bladder and pelvis. This condition mostly affects women. (20)

Symptoms may include: (21)

Why Are People Filing Lawsuits?

People who take Elmiron are experiencing problems with their vision. People may be diagnosed with:

Medication toxicity from Elmiron may cause you to experience vision loss, vision impairment, halo vision, unilateral or bilateral blindness, scotomas, metamorphopsia, or blurred vision.

These eye disorders that damage your retina may be irreversible. In worst-case scenarios, you could lose your vision entirely.

Consult your doctor before stopping any prescribed medication.

Other Side Effects

For patients who have developed severe vision damage, the medication “toxicity can resemble late-stage dry atrophic age-related macular degeneration (AMD) and result in permanent vision loss.” (22)

Common Side Effects Linked to Elmiron

In addition to potentially serious eye damage and vision problems linked to Elmiron, patients may experience more common side effects, including:(23)

What To Do If You Have Been Affected

If you or a loved one has taken Elmiron and developed vision problems, we advise you to consult with our attorneys. You may be entitled to compensation for your injuries.

As a reputable, national law firm, our attorneys have experience handling complex defective drug and pharmaceutical cases. We can help you consider possible legal action.

Weitz & Luxenberg has a designated team of attorneys for this type of litigation. Our team has been handling cases involving defective drugs for more than 30 years.

We also have a history of winning. Over the years, we have won billions of dollars on behalf of our clients.

One of our attorneys would be happy to help you consider your legal options. We would feel privileged to assist you.

How Can Weitz & Luxenberg Help?

Weitz & Luxenberg is currently accepting cases involving clients who have experienced eye disorders and vision problems linked to Elmiron, including being diagnosed with pentosan polysulfate sodium (PPS)-related maculopathy.

We have had multiple legal successes with other drug lawsuits, including:

What Is Revision Surgery?

Revision surgery refers to a second (or additional) surgery for any body part or system that has previously been operated on. For implants, revision surgery typically involves removing and replacing all or some of the implanted devices.(1)

This includes revision surgeries done to correct first-time, or primary, hip, knee, shoulder, and elbow replacement surgeries, as well as hernia repair surgeries.

Complexity of Revision Surgeries

Revision surgeries are not like primary surgeries and are not something to take lightly. (2)

Revision surgeries are more complicated than primary, or first-time, surgeries. In the case of knee replacement surgeries, for example, a revision knee replacement procedure entails a more complex surgery. A revision surgery is not expected to have the same lifespan as a first-time knee replacement procedure. (3)

A successful primary knee replacement surgery may last up to 20 years. A successful revision knee replacement surgery typically may last for half that time. (4)

Revision Surgeries Take More Time and Effort

Surgeons face greater challenges when performing revision joint surgery. After they have removed the worn out or defective implant, they have less original bone to work with. They may have to perform a bone graft. This involves transplanting a piece of bone from either another part of the patient’s body or using bone from a donor, so that the revised implant is properly supported. (5)

During joint revision surgery, surgeons may have to remove any damaged and diseased areas surrounding the implant that is being removed. (6)

Overall, revision procedures require extra preoperative planning, specialized surgical tools, and greater surgical expertise. Revision surgeries typically take longer than primary surgeries and are more susceptible to complications. (7)

Implant Litigation

If you underwent a revision, or corrective, surgical procedure because of complications linked to a device inserted during a primary surgery, we encourage you to contact us.

Or, if your doctor has advised you that you need a revision surgery because of problems with an implanted medical device, we want to hear from you. You may be able to seek financial compensation.

If you underwent revision surgery because of a faulty medical device, contact us today for a free consultation.

Get a Free Case Review

Weitz & Luxenberg is continuing to take legal action on behalf of clients harmed by faulty medical devices.

Currently, we are engaged in legal action against the following companies for potentially defective joint replacement and surgical mesh devices being implanted.

Defective hip or knee implants, some of which have been recalled:

Defective surgical hernia mesh, some of which have been withdrawn from the market:

Medical device manufacturers have recalled some models of their devices.

Types and Procedures

Many types of revision surgeries are performed. These include revision hip, knee, elbow, and shoulder replacement surgeries, as well as hernia repair procedures.

Joint replacement implant surgeries — whether hip, knee, shoulder, or elbow — are similar in that they involve replacing the diseased or damaged joint with an implant, or prosthesis. The joint replacement parts are made of manmade materials, such as metal and plastic. (8)

Surgical mesh implants are sometimes used in hernia repair procedures. Most surgical meshes approved for use in the United States are constructed from synthetic materials or animal tissue. (9)

Reasons for Revision Surgeries

There are many reasons that patients may need to undergo revisions surgeries. Many of these reasons may be due to issues with the implanted devices.

Pain: Although many surgeries cause initial pain, ongoing pain is often a symptom of underlying problems. (10)

Infection: Sometimes bacteria can grow and multiply on the surfaces of implants and surrounding tissues. A person may experience pain, swelling, and drainage that may not be treatable by antibiotics alone. Often, an antibiotic spacer, a piece of cement impregnated with antibiotics, may be placed after the initial implant is removed. This spacer is placed in an attempt to resolve the infection before another device can be implanted in yet another surgery. (11)

Loosening and wear: When parts of the implant rub against each other, the surfaces wear down. Debris particles from this friction may accumulate around the joint. (12)

Osteolysis: Leaching of tiny particles into surrounding tissue can also lead to bone death or disappearance. This process can weaken a person’s bone and lead to fracture. (13)

Fractures: Periprosthetic fractures, or fractures around an implant, can destabilize the fixation of an implant to bone and lead to instability. (14)

Instability: If the soft tissues around an implant are damaged or destroyed in some way, they may no longer be able to provide the necessary stability for a person to carry out basic functions, including standing or walking. Loosening can also lead to instability. (15)

Corrosion, metal debris: Wear and corrosion of an implant can lead to leaching of tiny metal particles into surrounding tissues and the bloodstream. Damage to bone, tissue surrounding the implant and joint, nerve damage, and systemic problems are possible. Problems such as inflammation and pseudotumors caused by metal wear and corrosion are called adverse local tissue reactions. (ALTR) (16) (17)

Reasons for revision surgery for hernia mesh may include (18):

Recovery

Recovery time following revision surgery varies depending on the individual patient and the type of surgical procedure. Typically a longer period of recovery is needed after a revision surgery than for the initial surgery. (19)

Literature on Revision Rates

In some cases, medical manufacturers voluntarily recall their devices because of growing medical concerns. In the case of Smith & Nephew, for example, the company recalled its Journey BCS knee system in June of 2018 due to higher than expected rates of revision. (20)

Postmarketing data indicated that patients who received this implant faced a greater risk of requiring a revision surgery earlier than expected. The femoral component specifically was voluntarily recalled. (21)

The United Kingdom’s National Health Service advised physicians not to use this device in July, 2018. The National Joint Registry of England, Wales, and Northern Ireland showed that the revision rate for the first-generation model of the Journey BCS knee was over 1.5 times higher than average revision rates for patients undergoing a first-time total knee replacement. (22)

How Can Weitz & Luxenberg Help?

If you or a loved one has needed to undergo a revision joint replacement or hernia repair procedure due to a faulty medical device, you may be entitled to financial compensation.

You may also be entitled to compensation if you have had a revision surgery or if your doctor has recommended that you undergo a revision surgery due to a potentially faulty medical device but you are not medically able to do so.

We advise you to contact an experienced, reputable law firm focused on medical device litigation. Weitz & Luxenberg is one such law firm. We are a national firm that has been representing clients for more than three decades.

Our Weitz & Luxenberg attorneys have won billions of dollars in verdicts and settlements on behalf of thousands of people who have been harmed by the products or actions of others. This includes global medical device manufacturers. We can help you consider your legal options.

Please contact us for a free consultation by completing this online form or calling us at (917) LAWYERS. We would feel privileged to assist you.

Why Are Truck Accidents So Lethal?

“Most deaths in large truck crashes are passenger vehicle occupants,” according to the Insurance Institute for Highway Safety (IIHS). (3) The institute explains, “The main problem is the vulnerability of people traveling in smaller vehicles. Trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance.” (4)

In 2022, 70% of the fatalities from large truck crashes were people who were not in the truck itself, indicates U.S. Department of Transportation data. (5) This is largely due to the “relative size differences between the vehicles involved,” explains the ATA. (6)

Truck Injury Crashes

Although truck accidents often result in fatalities, not all crashes are fatal. When truck crashes do not cause deaths, there still are significant injuries.

The Federal Motor Carrier Safety Administration reports there were approximately 101,000 injury crashes involving large trucks in one year. (7)

Crashes take both a physical and financial toll on crash victims. Having a knowledgeable truck accident lawyer can help. Weitz & Luxenberg’s truck accident attorneys are part of a team which has been successfully filing personal injury legal cases for more than three decades.

Truck Accident Lawyers

Whether you were hit by a truck or were driving a truck when a crash occurred, you should consider all of your legal options for compensation. A truck accident lawyer can help you explore the causes of the crash and determine any compensation from the accident that you may be entitled to get for your injuries.

One consideration in how to proceed with your case is based upon the type of truck involved. Trucks are often classified as large, medium, or small. This classification is based upon weight as determined in the truck’s gross vehicular weight rating (GVWR).

If you or anyone you know has suffered an injury in a truck accident, contact us for a free case evaluation.

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GVWR is the maximum allowable weight a vehicle was engineered to carry by the manufacturer. The weight rating is regulated by the U.S. government. For more information about GVWR visit The Association For The Work Truck Industry.

Some of the most common types of truck accidents are:

Semitruck Accident Lawyer

A semitruck accident lawyer handles cases when the truck is a semi, also called a tractor trailer. These trucks are large and heavy, with trailers half supported by their own wheels.

You may often see these trucks on the road carrying products from one state to another. They are often quite long and travel at highway speeds.

Causes of Truck Accidents

Truck accidents are complex, with many risk factors at play. In fact, there may be no single cause of an accident. “Many factors can contribute to a serious truck crash, and the circumstances surrounding each one can be unique,” says one trucking insurance company. (8)

Factors affecting crashes include: (9)

N.Y. Truck Accident Statistics

Statistics for New York state truck accidents underscore the point. According to the Institute for Traffic Safety Management and Research (ITSMR), there were 16,801 large truck crashes across the state of New York in 2023. (10)

ITSMR indicates crashes in which no contributing factors were reported totaled 873. Crashes with one or more contributing factors reported were 14,850. (11)

Of crashes reported, ITSMR found 13,078 crashes were due to human factors. Vehicular factors accounted for 1,691 crashes. Environmental factors accounted for 1,725 crashes. (12)

“As human factors are greatly linked to the psycho-social make-up of an individual, driver behavior plays a dominant role in controlling vehicular movement in a traffic situation,” says one traffic and transportation engineering review article. “In this sphere, trucks and the truck driver behavior operating in a complex road-traffic interface grant a potential inclination to road accidents.” (13)

Truck-Car Crashes Are Most Common

Many fatal and serious injury crashes involving a truck also involve at least one car. “The preponderance of research studies find that car drivers are principally at-fault in approximately three-quarters (70-75%) of fatal car-truck crashes,” says the ATA. (14)

On the other hand, “it does appear in nonfatal truck-passenger vehicle crashes that truck drivers may contribute somewhat more than passenger vehicle drivers,” noted a University of Michigan Transportation Research Institute Review. (15)

Unlike car accidents which involve two automobiles, accidents that occur between cars and trucks may have different legal aspects that need to be considered.

Truck accident attorneys, such as the team at W&L, can’t prevent your accident, but we can do something about it. We can provide knowledgeable and experienced legal representation to help you receive compensation for your suffering.

Truck Accident Attorneys

From settlements to verdicts, Weitz & Luxenberg has a record of successful litigation on behalf of clients.

W&L won a $20.5 million verdict, as well as approximately $3 million in past and future medical expenses, on behalf of a man who was the victim of a hit-and-run car accident and was paralyzed for life.

W&L secured a settlement of $1.4 million for a woman struck by an ambulance in Manhattan. The 75-year-old Manhattan resident was struck while in a crosswalk then transported to the hospital by the very ambulance that hit her.

What To Do If You Are in a Truck Accident

If you are in a truck accident you should immediately do the following:

If you or a family member has been injured or killed in the accident, contact a truck accident attorney as soon as possible.

Updated April 2025

Almost 6,218 people were killed nationwide in 2022 as a result of motorcycle accidents, according to the National Highway Traffic Safety Administration (NHTSA). New York accounted for 162 of those fatalities. (1) (2)

The New York City Motorcycle Safety Study says, “From 2010 to 2014, motorcyclists accounted for 14 percent of traffic fatalities in New York City, but represent two percent of registered motor vehicles.” Those numbers have not come down for New York City as much as with other modes of transportation. Even more concerning, New York City’s motorcyclist fatality rate is nearly twice that of the rest of the state and is “significantly higher than the national rate.” (3)

Such are the sobering statistics for motorcyclists who ride because of the sense of freedom and opportunities for companionship it offers.

In an accident with another vehicle, motorcyclists are vulnerable because they are out in the open, completely exposed. They lack the added protection afforded in larger vehicles which surrounds occupants with reinforced sides, roofs, doors, and airbags. Even the weight of the larger vehicles adds protection. (4) (5)

Anyone on a bicycle or on foot and hit by a motorcycle is even more vulnerable.

This exposure leads to even more grim statistics.

Grim Statistics

The motorcycle fatalities rate is 24 times higher than the rate for passenger vehicles, based on miles traveled. (6)

And according to the Insurance Institute for Highway Safety (IIHS), 63% of motorcyclist deaths in 2022 resulted from multiple-vehicle crashes. (7)

The Insurance Information Institute (III) gives one possible explanation for these death statistics, “motorcycle operation requires a different combination of physical and mental skills than those used in driving cars and trucks.” (8)

But death rates are not the only concern. A U.S. Department of Transportation Quick Facts sheet lists the number of injured on motorcycles was 82,687 for 2022. (9)

So, even if a crash does not result in a fatality, you may be seriously injured and require extensive medical care with lengthy recovery times.

A knowledgeable attorney can help you navigate the medical and financial challenges you face due to the crash.

When accidents happen, motorcycle crash victims and their families need strong legal representation from attorneys with years of success, such as the personal injury team at Weitz & Luxenberg. We understand the complex problems of a motorcycle accident.

Common Causes of Motorcycle Accidents

Motorcycle accidents often involve a motorcyclist being hit by another vehicle, such as a car. It can mean a motorcyclist hitting another vehicle or a pedestrian.

Regardless, motorcycle accidents can be traced to:

NHTSA says, “80 percent of all reported motorcycle crashes result in injury or death.” ( 12)

Head and Other Common Injuries

Injuries from motorcycle accidents can range from minor to severe. They can be disabling or lethal. Common sense suggests those injuries might include abrasions, burns, fractures, neck, spinal cord, and head injuries, such as traumatic brain injury.

“If you’re ever in a serious motorcycle crash, the best hope you have for protecting your brain is a motorcycle helmet,” advises NHTSA. (13)

Ejection from the motorcycle is a common injury pathway. If a motorcycle comes to a sudden stop and the rider is ejected from the motorcycle, the rider will forcibly strike objects in the path as well as the ground. (14)

Because the most common injury sustained in fatal motorcycle crashes is head injuries, helmet use is vital. To have the fullest protection possible, motorcyclists should use helmets that meet federal safety standards which take into account such things as absorption of force and allow for the safest amount of peripheral vision. Sadly, many do not. (15) (16)

In a motorcycle helmet fact sheet, the National Safety Council (NSC) says helmets can be up to 37% effective for preventing motorcyclist fatal injuries. It also estimates more than 25,000 lives have been saved by helmet use, from 2002 to 2017. (17)

An NHTSA fact sheet notes that for New York state the number of lives lost in 2020 by not using helmets was 27. (18)

If a motorcyclist is injured in a crash while wearing a helmet, it could be grounds for a lawsuit if the helmet is defective. A knowledgeable attorney can help you evaluate your legal options.

Weitz & Luxenberg Wins Verdicts & Settlements

If you or a loved one has been injured or killed in a motorcycle crash, you should examine your legal options.

Weitz & Luxenberg is a national law firm recognized for its involvement in helping thousands of clients with their personal injury cases. From insurance settlements to jury awards, we are New York’s largest personal injury litigations firm.

W&L has one of the most experienced and effective personal injury teams in the country. Our attorneys are ready to evaluate your case and represent your interests. We have a track record of success. Here are just two examples:

Updated March 2025

Some patients who have received either the Zimmer M/L Taper Hip or M/L Taper Hip with Kinectiv, along with a Zimmer VerSys Femoral Head, have experienced metallosis and other metal-related problems. Injuries specifically seem to occur when these Zimmer taper hip implant parts are paired with the Zimmer VerSys Femoral Head hip implant part.

The titanium alloy of the Zimmer hip taper portion of the implant and the cobalt-chromium alloy of the VerSys head portion of the implant moving against each other may result in corrosion and the leaching of metal particles into surrounding tissues, leading to medical complications.

What Is the Zimmer M/L Taper Hip, M/L Taper with Kinectiv Technology and VerSys Femoral Head?

Zimmer’s M/L Taper Hip, M/L Taper Hip with Kinectiv Technology, and VerSys Femoral Head are types of hip implants. The M/L Taper and M/L Taper with Kinectiv Technology are implanted into the top of the thighbone. The thighbone is called the femur. The VerSys Femoral Head replaces the ball of the femur. (1) (2)

Why Patients Are Filing Lawsuits

Some patients are filing lawsuits against the manufacturer, Zimmer Biomet Inc., because they have experienced metal-related injuries and complications they are claiming are linked to their hip implant components. The metal materials used in Zimmer’s M/L Taper Hip and M/L Taper Hip with Kinectiv Technology are made with a titanium alloy. Zimmer’s VerSys Femoral Head is made of a cobalt-chromium alloy. Patients who have filed cases are contending “the interaction (junction) between the titanium alloy M/L Taper or Kinectiv and the cobalt-chromium alloy VerSys Head can result in trunnionosis (wear of the femoral head-neck interface), corrosion, and release of metal debris…” (3) (4)

As a result, some patients are alleging in lawsuits they have experienced serious medical complications including: (5)

Brendan A. McDonough, Associate Attorney

Brendan A. McDonough

Brendan A. McDonough works in Weitz & Luxenberg’s Drug and Medical Device Litigation practice group.. He plays a leading role in the firm’s efforts against Philips Respironics to hold the company responsible for injuries caused by their defective CPAP and BiPAP sleep apnea machines, which were recalled in June 2021.

Reporting Adverse Events

Patients who experience problems after undergoing hip replacement surgery can report these adverse events. The U.S. Food and Drug Administration (FDA) maintains a database of reported incidents.

This database is called the MAUDE, or Manufacturer and User Facility Device Experience database. You can search the MAUDE database to see if other people have reported problems with Zimmer M/L Taper Hips and the VerSys Femoral Head.

Patient receiving physical therapy for hip pain

Problems with Some Zimmer Hip Models Can Be Serious

Not everyone who experiences problems with their hip implant reports adverse events to the FDA. In at least one instance, a patient experienced severe problems with her Zimmer M/L Taper stem with a Kinectiv Technology modular neck with a taper modular head-neck junction. This complication was not reported to the MAUDE database. (6)

The patient had undergone a routine total hip replacement procedure. Just two years after having surgery, she started experiencing increasing pain in her groin along with a limp. Lab tests showed she had high levels of metal in her blood. (7)

Her knee function was severely impaired such that she needed to undergo a revision, or corrective, surgery. During surgery, doctors found a large cyst, a type of pseudotumor. Doctors also found dead muscle tissue and other damage to the woman’s local tissues surrounding the implant (8)

Parts of the implants themselves also showed severe damage. Some metal areas of the implant, specifically those around the head and modular neck, had corroded. (9)

Cases Combined in Multidistrict Litigation

In the fall of 2018, multiple cases involving the Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology combined with the VerSys Femoral Head were combined in a multidistrict litigation. (10)

They were assigned to the Honorable Paul A. Crotty in the Southern District of New York. (11)

When lawsuits “involve common questions of fact,” centralization of multiple lawsuits can be more efficient than handling the cases separately. (12)

3D illustration of the hip replacement

What You Can Do if You’re Having Issues with Your Zimmer Hip Implant.

Weitz & Luxenberg is currently accepting cases involving Zimmer’s M/L Taper Hip or M/L Taper Hip with Kinectiv, combined with Zimmer’s VerSys Femoral Head. If you have experienced significant medical complications due to your Zimmer hip implant, we invite you to contact us. Our experienced attorneys can provide you with more information regarding your legal options.

We may be able to help you get compensation for your pain and suffering. Patients who had revision surgery due to metallosis-related complications, or who need a revision surgery but are unable to have one due to medical reasons, should contact us.

We are prepared to help you. For a free consultation, we encourage you to call us at (917) LAWYERS or you may complete the form on this web page. One of our client relations representatives will contact you shortly.

FDA and CDC Investigate Outbreak of Lung Disease Caused by Vaping

In August of 2019, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) released a joint statement announcing an investigation in response to an outbreak of “distressing incidents of severe respiratory disease” among e-cigarette users. (1) At the time of their statement, the outbreak consisted of 215 potential cases, including one death, in 25 states. (2) (3)

A week later the number of potential cases surged to 450, in 33 states, though later this number was revised to 380 cases in 36 states after investigations were completed. (4) Federal health officials reported at least six deaths. (5)

Since then, the number of reported potential cases has climbed to over 500 cases, with the numbers increasing every day, with no particular manufacturer or kind of use identified as the cause of the outbreak.

According to a preliminary report published in The New England Journal of Medicine of cases reported in Illinois and Wisconsin, 94% of patients with vaping-related lung injuries required hospitalization and nearly a third were put on a mechanical ventilator. (6) These patients ranged in age from their teens to their fifties, with a median age of 19. (7)

On August 30, the CDC published a health advisory recommending people consider refraining from using e-cigarettes until the investigation determines the cause of the outbreak. (8) An editorial in The New England Journal of Medicine calls this “an epidemic that begs for an urgent response.” (9)

FDA Reports Potential Risk of Seizures

In April of 2019, the FDA released a statement notifying the public about reports of seizures occurring after e-cigarette use, particularly among young adult users. (10)

The FDA identified 35 cases of seizures in e-cigarette users reported to the FDA and poison control centers over nine years. (11) The agency believes these cases “warrant scientific investigation into whether there is in fact a connection.” (12) Most of the reports involved youth and young adults. (13)

The agency also noted that because reporting is voluntary, other instances may have gone unreported. The FDA statement urges healthcare providers and consumers to become aware of vaping and seizures, and to report any adverse experiences to the Safety Reporting Portal (SRP). (14)

Vape pen

What Is an E-Cigarette?

Electronic cigarettes, also known as e-cigarettes or e-cigs, are handheld devices that produce “vapors” for users to inhale. The vapors are formed by heating a liquid that typically contains nicotine, artificial flavorings, and other chemicals. (15) (16)

Initially designed to simulate the experience of smoking a cigarette, “vaping” is now a popular habit among people, especially adolescents, who have never been smokers. (17) (18) Some e-cigarettes resemble tobacco products such as cigarettes and cigars, while other designs look more like pens or USB sticks.

Common nicknames for e-cigarettes include:

The liquid in e-cigarettes, known as “e-liquid” or “e-juice,” is typically sold in cartridges or “pods.” The ingredients and composition of e-liquid varies greatly across brands. There are more than 7,000 different flavors available on the market. (19) Nicotine concentrations and additives vary widely across products. (20) (21) (22)

Nicotine is extremely addictive. Some e-cigarette products deliver higher doses of nicotine than traditional cigarettes. Many of the other chemicals found in e-liquid are unstudied, and the long-term health consequences of vaping are unknown. (23)

Vaping Industry Under Fire for Aggressively Marketing to Youth

Fueled by misleading safety claims, aggressive marketing, youth-tempting flavors, and one of the most addictive substances known to humans, e-cigarettes have hooked a new generation of young people on nicotine.

E-cigarettes are increasingly popular with children and young adults. In 2018, one in five high school students and one in twenty middle school students used e-cigarettes. (24)

The most popular brand of e-cigarette is JUUL, which accounted for 70% of the e-cigarette market share in 2019. (25) The JUUL is a device shaped like a USB flash drive and charge using a USB port. “JUULpods” come in flavors like “mango” and “creme.”

E-cigarette companies claim their products are intended as a safer alternative to cigarettes for people who already smoke. But the industry uses marketing tactics that seemingly target adolescents, even though very few are smokers. Aggressive social media campaigns, music festivals sponsorships, candy- or other food-like flavors, and youth-oriented packaging have lured millions of youth into tobacco addiction. (26) (27)

FDA Notifications to JUUL

In May of 2018, the FDA sent official requests to JUUL and three other e-cigarette manufacturers “requiring them to submit important documents to better understand the youth appeal of these products.” According to FDA Commissioner Scott Gottlieb, the agency is “taking a hard look at whether certain design features and product marketing practices are fueling the youth use” of e-cigarettes. (28) In response, some e-cigarette manufacturers produced a plan to curb underage vaping. But in early 2019, the FDA accused e-cigarette manufacturers of backtracking on their promises “to restrict their products in a way that will decrease access to kids.” (29)

In September of 2019, the FDA sent a warning letter to JUUL. (30) The FDA found JUUL had violated multiple regulations, including marketing its productive as a “safer” alternative to smoking without regulatory approval. The FDA was particularly concerned with comments JUUL representatives made to students, including calling the product “totally safe.” (31)

Teen girl vaping

Dangers of Vaping

There are many dangers inherent to vaping, especially among youth and young adults. E-cigarette use has been found to predict the use of combustible cigarettes and other tobacco products. Adolescents who had “no intention of smoking” when they start vaping were found to be more likely to become combustible cigarette smokers than adolescents who have never used e-cigarettes. (32)

Nicotine exposure can harm adolescent brain development, affecting attention, memory, and cognition. (33) Using nicotine products may “prime the adolescent brain for addiction to other drugs.” (34)

Beyond nicotine, the flavorings found in e-cigarettes, which significantly contribute to their popularity with youth, are another source of health risks. (35) According to the Surgeon General, “Some chemicals in e-cigarettes, although approved for ingestion, have established adverse health effects when inhaled.” (36) For example, chemicals used to produce vanilla, cinnamon, and chocolate flavors have demonstrated cellular toxicity. (37) (38) (39) Also, mixing flavors together, as young people often do in social settings, may increase toxicity. (40)

The relationship between vaping and seizures is another cause for concern for young e-cigarette users. Developing brains are more susceptible to seizures than adult brains. (41)

These websites contain more information about the dangers of e-cigarettes, particularly for teens and young adults:

E-Cigarettes, Pulmonary Disease and Respiratory Failure

A recent surge in cases of severe vaping-related lung injury has alarmed doctors and public health officials. Users of e-cigarettes have been hospitalized with a range of respiratory issues, including difficulty breathing and abnormal lung morphology, as seen on chest radiographic imaging. (42) Patients may require time in the intensive care unit or may spend time, up to weeks, on a ventilator. (43)

In many of these cases, the patient appears to be suffering from pneumonia but has no bacterial or viral infection. (44) “Pulmonary infiltrates” and “ground-glass” opacities may appear on the chest radiographs of some of these patients. (45)

Some e-cigarette users have been diagnosed with acute eosinophilic pneumonia (AEP). (46) (47) AEP occurs when the lungs are exposed to irritants that trigger an immune response. This results in the rapid accumulation of a type of white blood cells called eosinophils. (48)

Other e-cigarette users have received diagnoses of acute exogenous lipoid pneumonia. (49) (50) (51) Lipoid pneumonia occurs from inhaling vaporized oil or fat molecules. (52) When the oil droplets cool, they deposit in the lungs. This can spur an inflammatory response that can be fatal. (53)

E-cigarette liquids may contain a variety of lipid sources. (54) Vape liquid samples in New York State recently tested positive for vitamin E oils. (55) Another common lipid found in vape fluids is vegetable glycerin. (56)

E-Cigarettes and Bronchiolitis Obliterans Organizing Pneumonia

Bronchiolitis obliterans organizing pneumonia (BOOP), also often referred to as cryptogenic organizing pneumonia (COP), is a rare lung disease characterized by inflammation that manifests as swirls of fibrous tissue filling the bronchioles and alveoli in the lungs. (57) (58) There are at least two published case studies of e-cigarette users developing BOOP, both of which required hospitalization, intubation, and mechanical ventilation. (59) (60)

E-Cigarettes and Strokes

Support for the link between e-cigarettes and strokes is provided by a 2017 study on the pulmonary effects of e-cigarettes. The study examined healthy young adults after 30 minutes of vaping and found “a significant increase in heart rate and blood pressure in the volunteers who were exposed to e-cigarettes containing nicotine.” (61) High blood pressure is a significant risk factor for strokes. (62)

A significant increase in heart rate and blood pressure in the volunteers who were exposed to e-cigarettes containing nicotine.”

E-Cigarettes and Heart Attacks

Smoking has long been known to increase the risk of heart attack (also called myocardial infarction). New research suggests vaping may carry similar risks.

An analysis of National Health Interview Surveys showed that daily e-cigarette use was associated with increased odds of heart attack. (63)

Nicotine adversely affects the cardiovascular system in numerous ways. (64) New generation e-cigarettes deliver high doses of nicotine. (65) Using these devices produces heart-rate acceleration, increased blood pressure, and increased heart contractility. (66)

Endothelial damage is one of the primary mechanisms of smoking-induced cardiovascular disease. (67) Endothelial cells line the entire cardiovascular system, including the heart and blood vessels. A recently published study found that rats exposed to e-cigarettes had comparable impairment to endothelial function as rats exposed to combustible cigarette smoke. (68) 

Symptoms of Pulmonary Disease and Respiratory Failure

Patients suffering from vaping-related lung injuries, including respiratory failure, have experienced the following symptoms: (69) (70) (71)

Symptoms of Bronchiolitis Obliterans Organizing Pneumonia

Patients suffering from bronchiolitis obliterans organizing pneumonia may experience a flu-like illness, cough, shortness of breath, severe respiratory distress, and crackling or rattling sounds in the lungs (known as crackles or rales, respectively). Diagnosis of bronchiolitis obliterans organizing pneumonia is usually confirmed by evaluation of clinical symptoms, a chest x-ray or high-resolution chest computed tomography (CT), and a lung biopsy. (72)

Symptoms of Seizures

Symptoms of different types of seizures may include: (73)

Several of the seizures described in the incident reports released by the FDA describe grand mal or tonic-clonic seizures, (74) characterized by the dramatic convulsions people often associate with seizures. But there are many types of seizures, and some have subtler, more mild symptoms. (75) Mild seizures are probably less likely to be reported.

Symptoms of Strokes

The National Stroke Association recommends the acronym FAST to identify the warning signs of a stroke: (76)

Additional symptoms of strokes include: (77)

Symptoms of Heart Attacks

According to the American Heart Association, warning signs of heart attack include:(78)

Potential Lawsuit Claims

E-cigarette users, especially teenagers and young adults, have been lured into a highly addictive habit without being informed of the risks. Many vape just for the flavor. They are unaware they are inhaling a dangerous drug. According to the Surgeon General, “It is questionable whether youth know what nicotine is, let alone whether it is contained in the e-cigarette products that they are using.” (79)

Even e-cigarette users who are aware of the risks of nicotine may be coaxed into a false sense of safety. Featuring high-tech designs and free of messy smoke, vapes seemingly offer precise control over what goes into your body.

But e-liquid labels often state an inaccurate nicotine content. A study of e-liquids for sale in North Dakota vape stores found more than half the products sampled listed nicotine concentrations that were off by 10% or more. One sample contained “172% more than the labeled quantity.” (80)

E-liquid also contains many other chemicals, including solvents, flavorings, and other additives. Often these substances are not all listed in the ingredients, and very little study has been done to see the effects of inhaling the mixture of these different chemicals all at once.

E-cigarette manufacturers have made unfounded and misleading safety claims about their products. The long-term health effects of inhaling cocktails of chemical vapors are unknown. Companies are using consumers, in particular teens and young adults, as guinea pigs while they profit.

People harmed by vaping products may be entitled to compensation. Weitz & Luxenberg is currently taking cases on behalf of JUUL e-cigarette users who experienced:

Weitz & Luxenberg is one of the law firms appointed by the court to serve as co-lead counsel for the JUUL e-cigarette multidistrict litigation (MDL).

W&L’s attorneys have decades of experience helping people harmed by dangerous products obtain justice from the corporations responsible for their injuries. Some of our recent successes include billions of dollars in settlement funds for dangerous metal-on-metal hip implants and a $9 billion jury verdict for a client who developed cancer after taking the drug Actos.*

Brain Damage from Vitamin Deficiency after Bariatric Surgery

Brain damage can occur following bariatric surgery, which is often done to help patients lose a lot of weight and, hopefully, keep it off. The damage is due to a lack of thiamine, also called vitamin B1.

Patients who have had bariatric surgery may not be able to get enough nutrients from their diet due to their limited ability to eat. In addition, their ability to absorb nutrients may be impaired, and their reserves of vitamin B1 (thiamine) may become severely depleted.

They may go to emergency departments due to mental confusion, vomiting, impaired balance or movement (ataxia), and eye movement problems (typically, nystagmus, in which the eyes move repetitively).

If an emergency room doctor fails to diagnose and treat a patient quickly in the right way, immediately administering high doses of vitamin B1, that person could suffer irreversible brain damage.

Weitz & Luxenberg P.C. is now accepting cases of adults or adolescents who underwent bariatric surgery and were later diagnosed with Wernicke’s encephalopathy (also called Wernicke encephalopathy). We are helping clients with cases of hospitalization due to brain injury or death after being misdiagnosed or receiving a delayed diagnosis of Wernicke’s encephalopathy by an emergency room physician.

Gavel and stethescope on desk

Lawsuit Allegations

Bariatric surgery, including procedures such as Roux-en-Y gastric bypass, laparoscopic adjustable gastric banding (“lap band” surgery), sleeve gastrectomy, and duodenal switch with biliopancreatic diversion, can lead to a state of nutrient starvation.(1) (2)

Patients may not appear to be starving after bariatric surgery, as patients are typically severely overweight or obese when having these types of surgical procedures. However, due to lower food consumption necessitated by their bariatric surgery, impaired ability to absorb nutrients, or these combined with other risk factors, they may not actually be getting and absorbing adequate vitamins. Deficits in certain vitamins, such as vitamin B1 (thiamine) can lead to serious, life-threatening problems.(3)

Patients with Wernicke’s encephalopathy may develop serious neurological impairments and defects that can be life-threatening. This condition typically can be treated if the patient begins receiving adequate thiamine supplementation right away. However, it is often missed because many emergency room physicians fail to recognize and correctly diagnose and quickly treat this subset of patients.(4)

In recent years, the number of people filing lawsuits due to having developed Wernicke’s encephalopathy after having had bariatric surgery has risen dramatically. Primary medical malpractice lawsuit allegations may include:(5)

Medical Malpractice After Bariatric Surgery

Timely and correct diagnosis and treatment of Wernicke’s encephalopathy are critical. Patients who have undergone bariatric surgery typically develop symptoms of Wernicke’s encephalopathy within six months postoperatively, but there are some cases reported in the literature with much longer latencies.(6) (7)

Any diagnostic delay can result in irreversible brain damage. The longer the delay in diagnosing a patient with Wernicke’s encephalopathy, the greater the risk of life-long brain damage or death.(8)

The most common symptom of Wernicke’s encephalopathy is ataxia, which may appear as “gait abnormalities up to the full inability to walk or move.” The second most common is altered mental status, “presenting itself as delirium, confusion, and problems in alertness or cognition.” The third is eye movement disorders, typically nystagmus, in which the eyes move repetitively, or ophthalmoplegia, which is paralysis or weakness of the eye muscles. Often patients will have all three of these symptoms.(9)

When patients arrive at an emergency department with the abovementioned symptoms and a history of bariatric surgery, physicians should have a high degree of suspicion for a diagnosis of Wernicke’s encephalopathy.

Without timely and appropriate administration of thiamine, patients with Wernicke’s encephalopathy could become comatose, die, or be left with lifelong debilitating cognitive and motor impairments.(10)

If a misdiagnosis or delayed diagnosis of Wernicke’s encephalopathy happened to you or a love one, contact us. We can serve as your Wernicke’s encephalopathy lawyer in your medical malpractice lawsuit.

What Is Wernicke’s Encephalopathy?

Wernicke’s encephalopathy is a severe but preventable syndrome. It can be a life-threatening medical condition that impairs how the brain works.

This syndrome results from vitamin B1 deficiency.(11) If not diagnosed and treated promptly, a patient may experience irreversible, lifelong brain impairment.(12)

Wernicke’s encephalopathy is a possible complication following gastric bypass surgery.(13)

How Long Does Wernicke’s Encephalopathy Last?

Although patients who have undergone bariatric surgery may develop Wernicke’s encephalopathy within just weeks or months of having the surgery, the risk of developing the condition is possible for many years postoperatively.(14)

There has been at least one case where a patient developed Wernicke’s encephalopathy 28 years after undergoing a gastrectomy.(15)

Some patients who are treated for Wernicke’s encephalopathy show improvement shortly after receiving a regimen of vitamin B1. Sometimes, even if a patient receives treatment of vitamin B1 to treat thiamine deficiency, neurological deficits may persist.

In fact, as many as nearly one out of two patients with Wernicke’s encephalopathy may never fully recover.(16)

Woman checking her blood sugar

Patients with Diabetes

Many patients who undergo gastric bypass surgery may also have diabetes. Diabetes has unique complications of its own in relation to Wernicke’s encephalopathy.(17)

In cases of a patient with Wernicke’s encephalopathy who has diabetes, medical personnel who miss the diagnosis or Wernicke’s encephalopathy may treat patients with intravenous fluids, including dextrose. However, “providing dextrose-containing fluids without thiamine supplementation to at-risk populations” may pose significant dangers to these patients and further complicate the clinical course of the Wernicke’s encephalopathy.(18)

Glucose, or sugar, metabolism requires thiamine; “increasing glucose levels can deplete already-low thiamine stores.” When treating patients with diabetes who have undergone bariatric surgery and are showing symptoms of Wernicke’s encephalopathy, physicians must make sure patients receive appropriate amounts of glucose along with appropriate thiamine supplementation. This is critical so the increases in circulating blood sugar do not further deplete the patient’s already low thiamine levels.(19)

Wernicke’s Encephalopathy and Korsakoff Syndrome

Both Wernicke’s encephalopathy and Korsakoff syndrome seem to arise from deficient thiamine levels. Most healthy adults need about one milligram of thiamine per day. A person’s body holds roughly 20 days’ worth of thiamine in reserve.(20)

If thiamine reserves are depleted, patients may show signs of Wernicke’s encephalopathy shortly thereafter. If people with Wernicke’s encephalopathy are not treated immediately, their condition may continue to worsen and progress to a chronic syndrome, known as Korsakoff syndrome.(21)

Korsakoff syndrome patients may have persistent, severe memory impairment. Patients may confabulate, which means they may not remember experiences fully or accurately, and they may invent or try to fill in the blanks by fabricating memories.(22)

Sadly, by the time a person has been diagnosed with Korsakoff syndrome, the condition likely will not respond to thiamine supplement. Specific neurons in the brain may have been damaged beyond repair. This brain injury and impairment may be permanent.(23)