What is a Vaccine Injury?

What is a Vaccine Injury?


Talk of vaccines has likely peppered your social media feed for years. However, you may have noticed even more conversations about vaccines and patient education in the past few months. Social media sites have recently cracked down on certain groups that were passing unverified information as fact. One thing is certain: there is a lot of trepidation and uncertainty about vaccine debates lately.

However, another thing is clear as well: vaccine injuries do happen, and these injuries can be devastating for the person and their families.

This article will not be covering the vaccine-autism discussion. Instead, we will attempt to educate you about the realities of vaccine injury.

What is a vaccine injury?

Doctors give vaccines daily, and without major incident. Vaccines are like other medical interventions in that they are typically helpful and cause minor side effects. Unfortunately, a severe reaction to a vaccine does happen occasionally. These major side effects are considered a vaccine injury.

What are examples of a vaccine injury?

Vaccine injuries vary but are typically quite severe allergic reactions. Examples of vaccine injuries could include anaphylaxis, encephalitis, shoulder injury, chronic arthritis, or heart issues like syncope.

What financial help is available to someone with a vaccine injury?

The Health Resource and Services Administration has a National Vaccine Injury Compensation program in place. This program was started decades ago and strives to give people who were injured due to a vaccine financial assistance. While the program only covers certain vaccines, many of the “routine” vaccines are a part of the program.

If you or a loved one has been harmed due to a vaccine injury, you will need assistance on petitioning the National Vaccine Injury Compensation program. You don’t have to navigate this journey alone. The team at MacCloskey Kesler & Associates have years of experience working with clients just like you. We would be honored to hear your story and advocate on your behalf.

Give us a call today to tell us more about your situation. Together, we will develop a plan to get you the outcome you deserve.

Mesh Complications and Questions

Mesh Complications and Questions

Many types of surgeries and medical procedures use mesh, a type of material made of artificial or biological materials. Patients who undergo hernia repair, uterine prolapse prevention surgery, or procedures to reduce stress urinary incontinence could end up with mesh inside their body. While mesh needs to be approved by the FDA in order to be used, there are some serious concerns about some types of mesh used over the past few decades.

What are injuries caused by mesh?

While all types of mesh are certainly not bad, there are multiple types that have caused injury to patients throughout the country. Injuries can include organ perforation, scar tissue, chronic inflammation, pain, and bleeding. Further, the mesh used in the surgical or medical procedure can fail. This means it is no longer performing the function it needed to.

What should I do if I have an injury from failed mesh?

If you have had a physician tell you that your mesh failed, or if you are currently experiencing pain or issues due to your mesh, you could be entitled to compensation for your medical expenses and lifestyle changes. The team at MacCloskey Kesler & Associates has extensive experience working with clients who have lived with mesh failure complications and conditions; while each case is unique, we are confident we can work on your behalf to secure you the compensation you deserve.

Why does a local attorney matter for cases like these?

Mesh failure cases tend to be tried throughout the country. However, when you call a nationwide law firm to advocate for you, there is a chance you will not receive the individualized attention you need or deserve. At MacCloskey Kesler & Associates, we pride ourselves on excellent communication with our clients. We want to keep you in the loop about your case and we want to see it through until the very end. Unfortunately, nationwide law services do not have that type of relationship-based philosophy.

If you have been living with injuries or complications caused by a failed mesh system, don’t delay in contacting our office. Time is of the essence, and we want to hear about your situation sooner rather than later. Let’s get started and get you the compensation you deserve.

Is It Medical Malpractice?

Is It Medical Malpractice?


If you have had a bad or traumatic experience with a doctor, you may be wondering what constitutes malpractice? Do you chalk up your trauma or injury to something simple like poor bedside manner or confusing communication, or should you pursue something more serious? These are difficult questions to be considering, especially while attempting to heal and recover from your injury or situation.

While every case is different and unique, there are some parameters that could indicate medical malpractice. Here is what you need to know.

What is the definition?
Malpractice is defined differently in each state. Here in Illinois, medical malpractice occurs when a physician, healthcare professional, or institution (like a hospital) breaches the standard of care when treating a patient. This breach then results in injury or death.

What is the standard of care?
In order to determine if your situation was caused by a breach in the standard of care, we must look at what is considered the standard of care. This phrase includes a generally accepted set of standards of how other physicians, professionals, or institutions would treat a similar patient.

What are examples of medical malpractice?
Medical malpractice could include serious events like a surgery that results in death, or it could include things like a misdiagnosis or incorrect treatment plan that leads to injury.

What should I do next?
If you, or your loved one, have been injured due to a medical mistake or breach in the standard of care, you are entitled to fair compensation. While medical professionals are human and make mistakes, some mistakes can negatively affect your life moving forward. At MacCloskey Kesler and Associates, we can work with you to determine if your situation is medical malpractice and develop a plan to get you the compensation you deserve.

Let us take care of advocating for you while you spend time recovering from your injury or situation. We have decades of experience working on cases like yours, and we aren’t afraid to go to trial to get you a fair outcome.

Give us a call today to get started.

When a Member of Your Family Is Injured

When a Member of Your Family Is Injured

Your family is important to you, and when someone you love isn’t feeling quite like themselves, it can make you feel anxious or helpless. If your loved one has been injured recently, or if they are still living with long-lasting effects from a past injury, you can feel anxious and helpless as well. However, injuries are especially hard as they are often unexpected and can have serious financial burden tied to them.

Keeping Your Loved One on the Road to Recovery
When your loved one has been injured, the first step is to get them the medical treatment they need to be healthy and well. Some injuries require an emergency room visit, a few days to rest, and some work restrictions. Other more serious injuries could require hospital stays, surgeries, and a significant pain management plan over the course of weeks, months, or years. It can all feel overwhelming for the injured person and for their immediate family. In order to give your loved one the best chance at recovery, be sure you are keeping track of their medical appointments and follow up appointments.

Keeping Yourself Comfortable
Becoming a caregiver for a loved one living with an injury can be a recipe for burnout and exhaustion. In order to keep yourself healthy, be sure you are enlisting the help of other family members and trusted friends. Learning to ask for help can feel difficult, but you need the reinforcements to keep yourself and your loved one healthy. Ask a friend to pick up your child after school or go on a quick grocery run for you, or ask a family member to take your loved one to his next doctor appointment so that you can squeeze in some extra work time. People are willing to assist you, but you have to tell them what you need help with.

Finally, the insurance paperwork and tasks for an injury claim can feel overwhelming. However, those medical bills keep arriving in your mailbox and giving you additional anxiety about your financial future. Keep calm and enlist the help of the team at MacCloskey Kesler and Associates. We have decades of experience working with clients who have endured an injury.

Our goal is to help the family member and client spend their time and energy focused on feeling better; we take care of assuring the compensation is there and is the best outcome possible. Give us a call today to tell us more about your situation.

What is Traumatic Brain Injury?

What is Traumatic Brain Injury?

Injuries can happen to anyone, even those who are relatively careful and prepared. A slip, trip, or fall can have devastating consequences. One major injury that can happen in an accident, collision, or even while playing a sport, is a Traumatic Brain Injury, or TBI. Traumatic Brain Injuries are more common than you may think, with the Centers for Disease Controlreporting nearly 2.8 million emergency room visits due to TBIs annually. Traumatic Brain Injuries can vary in severity, which can make some injuries more difficult to treat.

What is a Traumatic Brain Injury?
Traumatic Brain Injury is a term that describes an injury due to a bump, blow, or jolt to the head. Mild Traumatic Brain Injuries are more commonly known as concussions. Even though concussions can be mild, the injury should still be monitored and followed closely.

How Can You Get a Traumatic Brain Injury?
TBIs can happen in a variety of ways. For example, getting hit with a baseball while fielding during a game could cause a TBI, as well as hitting the steering wheel with your head during a vehicle accident. Traumatic Brain Injuries can happen at work as well as at play, and can be deadly.

How Can I Stay Safe?
While some Traumatic Brain Injuries are completely accidental, you can take proactive steps to protect your head. For example, wear a helmet when riding a bicycle, motorcycle, or scooter. Wear all safety gear required for the task you are performing at work, and don’t skip safety steps.

What if I Have a Traumatic Brain Injury?
If you, or a loved one, have had a blow to the head, early treatment is key. While more serious injuries will certainly lead you to the emergency room right away, other more mild injuries can be more sneaky, creeping on slowly which can lead to delayed treatment. It is better to be safe than sorry, especially if the injured person seems confused, extra tired, or complains of changes to vision.

If you have been injured at work, follow your workplace’s policy for paperwork and follow up treatments. However, it is still wise to consult with an experienced attorney at MacCloskey Kesler and Associatesto assure you won’t have to worry about the ins and outs of insurance compensation while trying to actively recover from your trauma.

We are committed to working with anyone who has been injured, and forming a relationship with them while advocating for their best interests. Give us a call to get started today.

Have You Sustained A Surgical Infection After A Surgery Using A Bair Hugger Device?

Have You Sustained A Surgical Infection After A Surgery Using A Bair Hugger Device?

Close-Up Of A Doctor Wearing A Mask during surgery
The Bair Hugger is a single use blanket manufactured by 3M designed to keep patients warm during surgery.   It forces warm air through tubing into a blanket that covers the patient before surgery to promote healing and lower rates of infection.  It has been used in more than 200 million surgeries since 1987, and is used in four out of five U.S. hospitals.   While there is not yet a definitive link, some studies show the use of Bair Huggers during surgical procedures may have an increased infection risk over other warming methods.
Some patients who developed infections after surgery have filed suit against 3M alleging a causal connection between the use of the Bair Hugger device and the surgical infections they later developed.  Attorneys representing those patients say the research shows that the device can spread airborne contaminants while warming the surgical patients, thus causing these specific infections.   The inventor of the device, Dr. Scott Augustine, has testified that use of the Bair Hugger device creates a risk of infection, especially in orthopedic patients.
The Bair Hugger works by pumping warm air through a hose into rows of inflatable tubes that in turn warm the patient, which 3M alleges prevents heat loss from the body’s core and reduces the risk of hypothermia from anesthesia.   Dr. Augustine counters that the warming unit can disrupt the carefully designed flow of sterile air in an operating room and create convection currents that stir up contaminants on the floor and embed them on the surface of knee or hip implants.  This, according to Dr. Augustine, causes deep joint infections.
The lawsuits claim that 3M knew about the risks for infection and failed to warn doctors and hospitals of those risks.  They also claim that 3M tried to conceal and discredit the scientific data regarding the risks of infection.  The lawsuits seek damages for medical expenses, pain and suffering, lost wages and punitive damages (seeking to punish 3M for its wrongdoing).  No case involving the Bair Hugger device has gone to trial yet.
There are specific facts which must be proven in order to recover, and strict time limits apply.  If you have sustained an infection after a surgery where a Bair Hugger device was used, call MacCloskey Kesler & Associates at 815-965-2000 and we can help you get involved in the law suits that are progressing now against 3M.

Call For a Free Consultation
Translate »