EP404 – Feeling Burned Out?
Be honest. Underneath your steel facade that always looks poised and perfect, you’re drowning in a sea of deadlines, demands, and sleep deprivation. Are you suffering from everyday stress or chronic burnout? And is there a cure? Give yourself the grace to take a breath and listen to some great burnout-busting advice from the Heels in the Courtroom attorneys. We’re feeling the burn too!
With a focus on personal injury cases, Amy Collignon Gunn is a caring, trial-tested lawyer serving clients across the United States. She handles many types of personal injury matters, including cases involving defective products, medical negligence, dangerous drugs, and medical devices.
As a compassionate and dedicated personal injury, medical negligence, and product liability lawyer, Erica Blume Slater provides legal representation to clients throughout the United States from our office in St. Louis. She advocates for those who have been injured or lost a loved one due to dangerous products, medical malpractice, and vehicle accidents.
Elizabeth Lenivy provides excellent, detailed representation in the areas of product liability, medical malpractice, and personal injury. Liz is licensed to practice law in both Missouri and Illinois, as well as the U.S. District Courts for both the Western and Eastern Districts of Missouri.
Mary Simon is a devoted advocate of the injured, particularly those suffering from serious injuries related to product liability and medical malpractice lawsuits. Compassionate in her approach and relentless in her determination, she is committed to helping those who’ve been harmed by third party negligence.
As a dedicated and passionate advocate, Elizabeth always goes the extra mile to ensure that her clients obtain the best possible results. She has dedicated her practice to holding individuals, companies, and corporations accountable for the damage they cause. Elizabeth’s clients come to her during the most difficult times of their lives and she takes every effort to help them find the answers and resolutions they need when it matters the most.
EP233 – Surviving your First Years in Practice Part One
Ever feel like your law degree gave you the keys to a shiny new sports car, but you don’t know how to drive? John Simon and three young attorneys from his firm offer reassuring hands-on-the-wheel advice about trying their first cases, taking criticism and learning to trust your instincts. Consider this episode a driving lesson from a trusted mentor who will help you navigate the stress and insecurity of life in the fast lane as a young trial attorney.
John G. Simon’s work as Managing Partner at the firm has resulted in hundreds of millions of dollars for past clients. Well-respected in his field, John’s career includes several published works, frequent community involvement, and the role of adjunct professor at Saint Louis University School of Law
For more than thirty years, Erich Vieth has worked as a trial and appellate attorney in St. Louis. His experience includes numerous first chair trials before federal and state judges and juries. He has been lead author of many appellate briefs and presented oral arguments to both federal and state appellate courts.
Medical device is a catch-all term that can include a wide array of devices, including insulin pumps, CPAP machines, defibrillators, stimulators, and body implants. As with any product or procedure in medicine, there is a certain risk level associated with medical devices and your physician must always discuss this with you prior to implant or use. It is when that associated risk for injury is greater than necessary or underreported to regulatory agencies that the product is considered dangerous and at high risk of failure resulting in injury. Staying alert and knowing the signs of medical device failure is key for any patient using a medical device.
Medical devices can fail for many reasons, but there are steps to determine why and how. The first step in this process is to research the product, the manufacturer, and the injury to see if this is part of a larger set of events, called “other similar incidents”. When there are other similar incidents, this can identify, for experienced attorneys, improper testing or poor quality of components and materials. In these situations, it is common for many patients to experience adverse effects from the device. Learn more about mass medical device litigations from our mass tort attorneys.
If there are no or few other similar incidents, it is likely that the device failure was due to insufficient maintenance, use of the device with unapproved accessories, such as using Ozone Gas Cleaners for CPAP machines, or an incident of medical negligence. In any case, patients must be keen on any symptoms they develop quickly or over time, including bleeding, new pain, reduced mobility, new disease diagnoses, or abnormal blood tests. Patients should also stay up to date on FDA recalls, as these are updated regularly and ensure patients have the information they need to stay protected. If you suspect your medical device may have failed or maybe hurting you, rather than helping, it is important to discuss this with your physician. In some situations, it may be more harmful to discontinue the use of a medical device than to continue using it until an alternative is found.
Common medical devices that have seen failures in their history include body implants, insulin pumps, body monitors, stimulators, defibrillators, medical systems, and physicians’ tools. Commonly, these device failures are caught and reported, with patients and physicians discussing the effects, evaluating whether they have been harmed, and working out an action plan for the future. In terms of FDA recall size, there are few as large as the Allergan Breast Implants recall, but recalls of any size are scary and overwhelming, which is why it is so important to keep updated so you can be informed immediately. Find more information on large-scale FDA recalls.
As stated above, it is important for experienced attorneys to review the facts of your case as small details, such as whether there are other similar incidents or company history, can help in determining who is at fault. In many cases, the manufacturer created a product that either used low-quality materials or did not have complete clinical testing in product development, so the product is defective. There is also the possibility that the physician implanting or prescribing the device is at fault, such that the physician commits medical malpractice or negligence. Find more information on medical malpractice and medical negligence.
In these situations, there will likely be fewer other similar incidents, and, depending on the facts of the case, the doctor may have followed everything properly, but the product itself was defective, taking us back to the manufacturer. Lastly, it is possible for the patients themselves to have a hand in the failure of their medical device. In these situations, accessories or components that were not specifically designed for use with the device may be used, resulting in device failure. Unfortunately, in these situations, the user is at fault, which is why it is so important to use your devices as instructed and request all accessories and components through your physician.
In the combative field of medical device failure litigation, it is necessary to have strong, skilled advocates on your side. The medical device attorneys at The Simon Law Firm, P.C. are experienced in all aspects of medical device failure cases including product, regulatory, and company research, deposing corporate representatives, and taking these cases to trial before a jury to hold reckless manufacturers and physicians accountable for injuries to patients. If you or a loved one has been injured by a medical device failure, please contact the medical device attorneys at The Simon Law Firm, P.C. today for a free, confidential consultation.
EP403 – Where is this Journey Taking Me? A Conversation with Shamon Moss
Young lawyers often stress about where to take their careers. But St. Louis attorney Shamon Moss is shining a light on a new path…letting the journey take you. Shamon shares her philosophy on self-motivation and giving back, and describes how she turned an empty space without a stick of furniture into a thriving satellite office for a major national firm. No matter what is in her future, Shamon Moss shows what a winning attitude can do when you let the journey lead.
With a focus on personal injury cases, Amy Collignon Gunn is a caring, trial-tested lawyer serving clients across the United States. She handles many types of personal injury matters, including cases involving defective products, medical negligence, dangerous drugs, and medical devices.
As a compassionate and dedicated personal injury, medical negligence, and product liability lawyer, Erica Blume Slater provides legal representation to clients throughout the United States from our office in St. Louis. She advocates for those who have been injured or lost a loved one due to dangerous products, medical malpractice, and vehicle accidents.
Elizabeth Lenivy provides excellent, detailed representation in the areas of product liability, medical malpractice, and personal injury. Liz is licensed to practice law in both Missouri and Illinois, as well as the U.S. District Courts for both the Western and Eastern Districts of Missouri.
Mary Simon is a devoted advocate of the injured, particularly those suffering from serious injuries related to product liability and medical malpractice lawsuits. Compassionate in her approach and relentless in her determination, she is committed to helping those who’ve been harmed by third party negligence.
As a dedicated and passionate advocate, Elizabeth always goes the extra mile to ensure that her clients obtain the best possible results. She has dedicated her practice to holding individuals, companies, and corporations accountable for the damage they cause. Elizabeth’s clients come to her during the most difficult times of their lives and she takes every effort to help them find the answers and resolutions they need when it matters the most.
EP232 – Marketing Without Going Out of Your Way
Marketing isn’t just billboards and blogs. Your most effective marketing tool is your own genuine interest in the people you interact with every day. John and Erich discuss simple ways to turn clients, contacts, and opposing counsel into marketing ambassadors for you and your firm. So, take a few minutes to re-think your preconceptions about how expensive and time-consuming marketing might be. These no-cost, no-brainer ideas can bring cases to your firm and enrich your life in the process.
John G. Simon’s work as Managing Partner at the firm has resulted in hundreds of millions of dollars for past clients. Well-respected in his field, John’s career includes several published works, frequent community involvement, and the role of adjunct professor at Saint Louis University School of Law
For more than thirty years, Erich Vieth has worked as a trial and appellate attorney in St. Louis. His experience includes numerous first chair trials before federal and state judges and juries. He has been lead author of many appellate briefs and presented oral arguments to both federal and state appellate courts.
Continuous positive airway pressure machines (CPAP) and bilevel positive airway pressure machines (BiPAP) are very common medical devices used in the home and are sometimes required by patients as the only way to ensure a good night’s sleep. Unfortunately, it’s come to light that these machines made to assist patients in having restful sleep, may be doing more harm than good. On June 14, 2021, a Class I FDA recall, the most serious and urgent type of recall, was issued for certain Philips CPAP, BiPAP, and ventilator machines, including those used for COVID patients. While this information may be alarming, it is important first to determine whether you have an affected machine, consulting with your physician regarding usage, and exploring your options for moving forward.
On April 26, 2021, Philips released a public announcement via its 2021 Quarter One Report wherein they note issues with certain models’ sound abatement systems. The sound abatement system, made up of a polyester-based polyurethane foam, was noted as degrading over time, releasing toxic gases and small particles which users can inhale. With over three million affected devices, there are many people in the same situation of trying to figure out whether their device has been recalled. The complete list of recalled machines can be found here: Philips CPAP, BiPAP, and Ventilator Recall of June 26, 2021, along with additional information. Included in that information is a website and a phone number that Philips has created to determine first, if your device is affected, and second, to register your device for a repair or replacement.
Unfortunately, it has been discovered that inhaling the toxic gases and small particles can lead to devastating, permanent injuries. It is even noted that these gases contain carcinogens, or chemicals that can lead to cancers. Patients using these devices have experienced mild symptoms including headache, skin and eye irritation, nausea, cough, and upper respiratory infections. On the more severe side, cancers, including lung, nasal, leukemia, and lymphatic are possible. While this information may be worrying, it is key to find out what the facts are, whether you have an affected machine, discussion with your physician about whether to continue using it, and finding the right attorney to guide you through the litigation process if you have been injured.
The medical device attorneys at The Simon Law Firm, P.C. are ready to review your potential case, stand by your side throughout the entire litigation process, and work to hold Philips accountable for the harm they have done. We hope to provide the peace that was stripped away by a company’s negligence and to finally help you sleep better at night. If you or a loved one has used an affected Philips CPAP, BiPAP, or ventilator and an injury has followed, including respiratory illnesses, diseases, or cancer, please contact The Simon Law Firm, P.C. today to have a free, confidential consultation.
EP402 – Trials During Covid
Court is back in session with a variety of COVID protocols in place, and that brings additional stress to your trial prep. Get an update on our first face-to-face trial in a while and hear the challenges of reading masked jurors, working out of town, and trying to stay focused with more distractions than ever. Tune in and dial down your pre-trial stress….we survived, and you will too.
With a focus on personal injury cases, Amy Collignon Gunn is a caring, trial-tested lawyer serving clients across the United States. She handles many types of personal injury matters, including cases involving defective products, medical negligence, dangerous drugs, and medical devices.
As a compassionate and dedicated personal injury, medical negligence, and product liability lawyer, Erica Blume Slater provides legal representation to clients throughout the United States from our office in St. Louis. She advocates for those who have been injured or lost a loved one due to dangerous products, medical malpractice, and vehicle accidents.
Elizabeth Lenivy provides excellent, detailed representation in the areas of product liability, medical malpractice, and personal injury. Liz is licensed to practice law in both Missouri and Illinois, as well as the U.S. District Courts for both the Western and Eastern Districts of Missouri.
Mary Simon is a devoted advocate of the injured, particularly those suffering from serious injuries related to product liability and medical malpractice lawsuits. Compassionate in her approach and relentless in her determination, she is committed to helping those who’ve been harmed by third party negligence.
As a dedicated and passionate advocate, Elizabeth always goes the extra mile to ensure that her clients obtain the best possible results. She has dedicated her practice to holding individuals, companies, and corporations accountable for the damage they cause. Elizabeth’s clients come to her during the most difficult times of their lives and she takes every effort to help them find the answers and resolutions they need when it matters the most.
EP231 – Decision Science with Mark Mandell
Identifying the “I can’t get over it” issues in your case is the first step to successful case framing. But making your frame clear to the jury is key. When do you introduce your case frame? How often do you repeat it? And what is the defense going to do about it? In this second episode on case framing, legendary trial lawyer Mark Mandell drills down on how to select your most important issues, anticipate the attack and apply decision science in your courtroom strategy. The techniques you’ll learn in these two episodes may transform the way you analyze your cases and elevate your practice.
John G. Simon’s work as Managing Partner at the firm has resulted in hundreds of millions of dollars for past clients. Well-respected in his field, John’s career includes several published works, frequent community involvement, and the role of adjunct professor at Saint Louis University School of Law
For more than thirty years, Erich Vieth has worked as a trial and appellate attorney in St. Louis. His experience includes numerous first chair trials before federal and state judges and juries. He has been lead author of many appellate briefs and presented oral arguments to both federal and state appellate courts.
EP401 – Back in the Saddle
Feel like you’re drowning in a tidal wave of escalating work responsibilities, COVID-occasion catch-up, and every single thing in the world piling on right now? Yup, we are too. If being back in the saddle feels more like being dragged with one foot in the stirrup right now, tune in to share your stress and remember it’s ok if you fail small and know you did your best. So saddle up, sister, and let’s git ‘er done together.
With a focus on personal injury cases, Amy Collignon Gunn is a caring, trial-tested lawyer serving clients across the United States. She handles many types of personal injury matters, including cases involving defective products, medical negligence, dangerous drugs, and medical devices.
As a compassionate and dedicated personal injury, medical negligence, and product liability lawyer, Erica Blume Slater provides legal representation to clients throughout the United States from our office in St. Louis. She advocates for those who have been injured or lost a loved one due to dangerous products, medical malpractice, and vehicle accidents.
Elizabeth Lenivy provides excellent, detailed representation in the areas of product liability, medical malpractice, and personal injury. Liz is licensed to practice law in both Missouri and Illinois, as well as the U.S. District Courts for both the Western and Eastern Districts of Missouri.
Mary Simon is a devoted advocate of the injured, particularly those suffering from serious injuries related to product liability and medical malpractice lawsuits. Compassionate in her approach and relentless in her determination, she is committed to helping those who’ve been harmed by third party negligence.
As a dedicated and passionate advocate, Elizabeth always goes the extra mile to ensure that her clients obtain the best possible results. She has dedicated her practice to holding individuals, companies, and corporations accountable for the damage they cause. Elizabeth’s clients come to her during the most difficult times of their lives and she takes every effort to help them find the answers and resolutions they need when it matters the most.
EP230 – Case Framing with Mark Mandell
Betrayal. Do your job. The value of a handshake. Case frames like these help summarize the “I can’t get over it” issues of your argument in simple terms the jury can understand. But how do you know which frame fits? And what are the dangers of incorrect framing? Acclaimed author and attorney Mark Mandell joins Eric Vieth and Johnny Simon for an eye-opening discussion of his innovative method from his must-read books Case Framing and Advanced Case Framing. It’s more than a model, it’s a mindset for success.
John G. Simon’s work as Managing Partner at the firm has resulted in hundreds of millions of dollars for past clients. Well-respected in his field, John’s career includes several published works, frequent community involvement, and the role of adjunct professor at Saint Louis University School of Law
For more than thirty years, Erich Vieth has worked as a trial and appellate attorney in St. Louis. His experience includes numerous first chair trials before federal and state judges and juries. He has been lead author of many appellate briefs and presented oral arguments to both federal and state appellate courts.
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