Attorney Altom Maglio to Speak at European International Legal Conference

Attorney Altom Maglio to Speak at European International Legal Conference About the Benefits and Pitfalls of the U.S. Vaccine Injury Compensation Program

Attorney Altom M. Maglio of mctlaw, the leading vaccine injury law firm in the United States, is a featured speaker at the 2021 Pan European Organisation for Personal Injury Lawyers (PEOPIL) Annual Conference in Malaga, Spain later this week. His presentation focuses on how serious reactions to vaccinations are compensated in the United States.

Altom Maglio, Attorney

Reflecting on his invitation to address the PEOPIL International Legal Conference, Mr. Maglio said, “It’s important to share information about the benefits and pitfalls of the U.S. Vaccine Injury Compensation Program (VICP) with colleagues in Europe as they investigate statutory ways to compensate vaccine injured citizens.”

Vaccine reactions are extremely rare; however, a small number of people do suffer from serious side effects. The United States created the Vaccine Injury Compensation Program to financially assist people who are severely injured while also protecting vaccine manufacturers from litigation that could jeopardize the production of life-saving immunizations.

Mr. Maglio will discuss the structure of the VICP; its funding through a tax on vaccine administration; and the legal requirements for a person to qualify for compensation. Mr. Maglio also explains how a separate and highly secretive program created in the U.S. to compensate COVID-19 vaccine injuries is failing its citizens. “It is an administrative black hole with no legal representation, no ability to appeal a decision, and a history of denied claims,” says Maglio.

Mr. Maglio began representing clients in the VICP in the United States Court of Federal more than 22 years ago. He won the Vaccine Court’s highest ever financial award on behalf of an infant who was profoundly injured by a childhood vaccine. Maglio’s law firm, mctlaw, has won hundreds of millions of dollars for its clients in the VICP. “My personal practice involves representing plaintiffs in the United States who are regretfully injured by medical products such as vaccinations, hip replacements, drugs, and other complex litigation,” adds Maglio.

The 2021 Annual Conference of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) will be held in Malaga, Spain on Oct. 14-16. PEOPIL is a non-profit group with the purpose of improving and promoting judicial cooperation and mutual knowledge of legal and judicial systems of European jurisdictions in the field of personal injury law.


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mctlaw Expands its Business and Government Contract Litigation Practices


SARASOTA, FL — (September 24, 2021) – mctlaw is pleased to announce the addition of two attorneys to our expanding Business and Government Contract Litigation practices. Lloydann Wade and Jason Cejka join the Firm’s Sarasota, FL office.

Lloydann Wade is a former Florida Assistant State Attorney with extensive trial experience. She prosecuted felony financial fraud cases, worked in procurement and non-procurement contract approvals for government products and services, employee business theft, and restitution cases. Ms. Wade is a volunteer Judge for Sarasota’s Teen Court and serves as a volunteer for the Women’s Resource Center, which honored her as Woman of the Quarter. Ms. Wade’s practice at mctlaw focuses on Consumer, Construction, and Commercial Litigation.

Jason Cejka’s background in Government Contract Litigation comes from time spent as in-house counsel and business advisor for several government and military contractors. At Lockheed Martin, Cejka worked as Contracts Manager for Missiles and Fire Control. His responsibilities included the formation, negotiation, administration, and termination of contracts in support of MQ9 Reaper programs (unmanned aircraft). As a proposal manager for Raytheon Technologies, Cejka independently drafted, reviewed, and negotiated contracts including supply agreements, licensing agreements, purchase orders, services agreements, and NDA’s. Mr. Cejka will focus on Business and Government Contract Litigation at mctlaw.


About mctlaw: Known as a national leader in trial litigation, the Maglio Christopher & Toale Law Firm represents clients across the country in federal and state litigation, appeals, and settlements. We aggressively protect our client’s rights and guide them through disputes to resolution, with hundreds of millions of dollars won in judgments. The Firm’s offices are in Washington, DC; Sarasota, FL; and Seattle, WA. Learn more about the Maglio Christopher & Toale Law Firm at

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Attorneys Join Sauk-Suiattle in Fight Over Gorge Dam

The Indian law group at Maglio Christopher & Toale is excited to join the Sauk-Suiattle Indian Tribe’s ongoing efforts to convince the City of Seattle to modify its 300-foot-high Gorge Dam on the Skagit River to allow salmon passage. 

 The dam has blocked salmon and other migratory fish from traveling upriver to spawn for the last 100 years, even though one of the earliest laws in the Territory required all such dams to allow salmon passage. This law applied when the Gorge Dam was built, and it should have required a different construction design that would have allowed power generation to coexist with salmon passage. Tribes like the Sauk-Suiattle may not have had good legal representation when the Gorge Dam was built in 1921, but those days are over. We are proud to join the Tribe’s longtime outside counsel, Jack Fiander, to be part of this new era.

Skagit River Dam Sauk-Suiattle Salmon
Continue ReadingAttorneys Join Sauk-Suiattle in Fight Over Gorge Dam

Appointment of Sophie Asher for Prosecutions

Appointment of Attorney Sophie Asher for Prosecutions

Congratulations to mctlaw’s Sophie Asher on being appointed as an outside-counsel Assistant Attorney General at the United Keetoowah Band of Cherokee Indians in Oklahoma. Sophie will now assist the Tribe by prosecuting criminal defendants in UKB Tribal Court, mostly by remote connection from Seattle!

AG Appointment of Sophie Asher for Prosecutions – 2021

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Attorney Elizabeth Abramson Joins Maglio Christopher & Toale Law Firm

Attorney Elizabeth Abramson Joins Maglio Christopher & Toale Law FIRM

The Maglio Christopher & Toale Law Firm is pleased to announce the addition of attorney Elizabeth Abramson to the Firm’s Vaccine Injury Practice Group.

Previously, Ms. Abramson worked in the Vaccine Injury Compensation Program (VICP) as a federal judicial law clerk to Chief Special Master Brian Corcoran in the United States Court of Federal Claims Office of Special Masters. Her work included extensive research on legal precedent for unique procedural issues and writing memoranda outlining how the Office of Special Masters should rule on those issues.

“I absolutely loved the experience of being a law clerk in the Court of Federal Claims,”  says Abramson. “As an attorney, I enjoyed learning about vaccine injury cases,  about rare medical conditions, and listening to experts from all over the world discuss the relationship between those diseases and vaccination.”

Ms. Abramson is also an adjunct professor of trial advocacy at the Drexel University Thomas R. Kline School of Law, where she earned her law degree with honors.

“We are very excited to have Elizabeth Abramson join us! With her experience working inside the Court of Federal Claims and her passion to advocate for people suffering adverse reactions, she will be a tremendous asset to those who need our help,” says Managing Partner Altom Maglio. Ms. Abramson works out of the Firm’s Washington, DC office.

Elizabeth is originally from Pottsville, Pennsylvania where she grew up on a farm in a small town with a population of fewer than 200 people. She now lives in Philadelphia with her husband and pets. In her time off she enjoys reading, writing, snowboarding, and watching foreign films. She is also an environmental activist and focuses a lot of her attention on promoting a minimal waste lifestyle and sustainability.

About Maglio Christopher & Toale:  Our Firm has more than 20 years of experience litigating in the VICP in the United States Court of Federal Claims. The Firm’s other practice areas include Federal takings claims, government contract litigation, commercial and construction litigation, business law, and other complex civil litigation. Learn more about the Maglio Christopher & Toale Law Firm at

Continue ReadingAttorney Elizabeth Abramson Joins Maglio Christopher & Toale Law Firm

FDA Warns The public About J&J COVID-19 Vaccine for Neurological Complications

This past Monday the U.S. Food and Drug Administration added a new warning to the J&J COVID-19 vaccine fact sheet. This warning indicates an increased risk for an autoimmune disorder called Guillain-Barre syndrome. GBS causes a person’s immune system to attack its own peripheral nervous system.

The FDA suggests that J&J vaccine recipients should seek medical attention if they show symptoms such as weakness or tingling sensations in their legs or arms, have a hard time walking or hard time with facial expressions.

This warning is another setback for the J&J vaccine. It is also linked to a very rare but potentially life threatening blood clot condition. The CDC and FDA determined that the risk of blood clots was low and treatable.

Continue ReadingFDA Warns The public About J&J COVID-19 Vaccine for Neurological Complications

Webinar: A Clearheaded Look at Marijuana as Tribal Enterprise


Cutting Through the Smoke: A Clearheaded Look at Marijuana as Tribal Enterprise
Watch Webinar Now:

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Maglio Christopher Toale Law Firm Honored to Represent Sauk-Suiattle Indian Tribe

Maglio Christopher & Toale P.A. is honored to begin its representation of the Sauk-Suiattle Indian Tribe in the State of Washington!  We look forward to working with the Tribe’s leaders and co-counsel on a number of critical matters.  You can learn more about the Sauk-Suiattle Indian Tribe here:

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Attorney Ilyas Sayeg Published in AAJ’s Trial Magazine

Attorney ilyas sayeg's article published in july's issue of aaj's trial magazine

Maglio Christopher & Toale Law Firm | Read attorney Ilyas Sayeg’s recent article “Sharing is the Law”, published in this month’s issue of AAJ’s Trial Magazine. This article explains how sharing provisions helps clients in similar litigations access discovery in an efficient way rather than duplicating the same work. This could apply whether you are negotiating a protective order or challenging an existing one. Click on the link below to read full article.

“Sharing is the Law” by Ilyas Sayeg

Ilyas Sayeg’s legal experience focuses on the intersection of consumer protection law and healthcare. His areas of practice include representing people across the country who are injured by defective medical products, such metal on metal hips. Mr. Sayeg litigates these complex cases in state and federal courts around the United States.

About Maglio Christopher & Toale Law Firm | Our Firm is leading the U.S. litigation against metal on metal hip replacements. The Firm filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating these cases ever since.

Continue ReadingAttorney Ilyas Sayeg Published in AAJ’s Trial Magazine

mctlaw Welcomes Attorneys Sophie Asher & Kehl Van Winkle

Attorneys Sophie Asher and Kehl Van Winkle Join Maglio Christopher & Toale, P.A.

Maglio Christopher & Toale, P.A. | mctlaw is pleased to announce the additions of Attorneys Sophie Asher and Kehl Van Winkle, Esq. to the Firm’s Indian Law and Civil Litigation Practice Group. “I’m excited to welcome Sophie Asher and Kehl Van Winkle into our expanding Indian Law practice,” says Managing Partner Altom Maglio. “Their experience in Tribal Law brings even more resources and knowledge into our already highly regarded practice group.” Ms. Asher and Mr. Van Winkle will both work out of the Firm’s Seattle, Washington office.

Headshot of Sophie Asher Indian Law Attorney

Sophie Asher

Sophie Asher brings wealth of experience within the Indian Law field. She served as a public defender in New Mexico where she represented clients in misdemeanor cases. She also represented people in the state’s Healing to Wellness Court, a first-of-its-kind program to address underlying issues of Native American clients convicted in state court.

While an attorney at Pegasus Legal Services for Children, Ms. Asher helped implement the Indian Child Welfare Act (ICWA), was a Guardian ad litem for the State of New Mexico ICWA Court, and represented children in tribal courts in the Pueblo of Santa Ana and the Pueblo of Isleta. Sophie earned her juris doctor degree at the University of New Mexico School of Law.

After spending time considerable time practicing Indian law in New Mexico, Ms. Asher returns to her home state, Washington where she will focus her legal practice on tribal governance, gaming, land use, environmental issues, Indian health, and historic preservation.

Headshot of Kehl Van Winkle Indian Law Attorney

Kehl Van Winkle

Kehl Van Winkle joins Maglio Christopher & Toale, P.A. after serving as in-house attorney for the Sauk-Suiattle Indian Tribe. He represented the Tribe in multiple economic development projects, such as the opening of a casino and a cannabis dispensary. Mr. Van Winkle also represented the Sauk-Suiattle in Indian Child Welfare Act (ICWA) cases and served as the prosecuting attorney for the Tribe in Tribal Court

Kehl earned his Juris Doctor degree from Lewis & Clark Law School in 2017 and quickly focused his legal career on Indian Law matters. Van Winkle completed judicial an externship with the Hon. Michael H. Simon in the U.S. District Court for the District of Oregon and an externship with the Hon. Rebecca Duncan on the Oregon Court of Appeals. Judge Duncan now sits on the Oregon Supreme Court.

Mr. Van Winkle was born and raised in Salem, Oregon, where he also met his high school sweetheart and now wife. Kehl enjoys being outdoors kayaking, hiking, and camping. He also holds a leadership position at his church and hopes to coach high school and collegiate debate teams in Seattle like he did back in Oregon.

About Maglio Christopher & Toale, P.A. Our Firm represents tribes across the country in tribal, state, and federal courts. In addition, we have more than 20 years of experience litigating in the United States Court of Federal Claims. The Firm’s other practice areas include: Federal takings claims, government contract litigation, commercial and construction litigation, business law, and other complex civil litigation. Learn more about Maglio Christopher & Toale, P.A. at

Continue Readingmctlaw Welcomes Attorneys Sophie Asher & Kehl Van Winkle

HHS Walks Back Rules Removing SIRVA, Syncope from Vaccine Injury Table

Health and Human Services (HHS) says it will no longer move forward with removing SIRVA and syncope, or fainting, from the Vaccine Injury Compensation Program.  This is a complete turnaround from the previous administration’s plans to enact this change on February 22nd. 

The rule to strip these claims from the program would have severely limited the number of people who could get compensation. More than half of all claims filed in the Vaccine Injury Compensation Program involve SIRVA or syncope. It also would have triggered increased lawsuits against doctors, nurses, pharmacists, and other providers who vaccinate the public; all at the worst possible time during a pandemic. 

HHS added SIRVA and syncope (fainting) to the VICP in 2017 after a years-long process that included public comment, multiple workgroups, and reviews of medical research. In comparison, the steps to remove SIRVA and fainting happened with unusual speed; proposed in mid-2020, put into effect just 1 day before a change in the government’s administration, and set to take effect on February 22, 2021. 

The Biden administration immediately took steps to freeze the changes to the Vaccine Injury Table and force a review of those new rules. 

The next step in rescinding the rule is to open up the decision for public comment before making it official. Read the official notice to be published in the Federal Register on March 17, 2021: National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table. Notice of proposed withdrawal; request for comments


Continue ReadingHHS Walks Back Rules Removing SIRVA, Syncope from Vaccine Injury Table

FDA Approves Third COVID-19 Vaccine

It’s official.  A third COVID-19 vaccine is out for distribution in the United States. This Saturday, the Food and Drug Administration (FDA) authorized Johnson & Johnson’s COVID-19 vaccine. It is the first vaccine to only require one shot for immunization.

An estimated 3.9 million doses of this third vaccine will be distributed across the U.S beginning tomorrow 3/2. Johnson & Johnson stated that they are committed to distribute 100 million doses by June and up to one billion by the end of this year.

Based on clinical trials, J&J claims that as of now this one-dose vaccine is 72% effective against preventing mild/severe COVID-19 disease. Its rivals, Moderna and Pzifer, are both over 90% effective against this virus. Despite the percentage differences, health experts say that all three vaccinations are highly effective.

All three of these vaccines contain basically the same genetic instructions. What distinguishes J&J’s vaccine from the others is the delivery system. Both Moderna and Pfizer are packed in the form of RNA and J&J’s vaccine is in the form of DNA.

Another major difference is that the first two vaccines must be kept in specialized freezers to prevent the RNA from decaying. This third vaccine is fairly stable and can be preserved in refrigerators for months.

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Should I get a Covid Vaccine? What the CDC Says

Americans today have a lot of questions about the COVID-19 vaccine. The most frequently asked question is: “Should I get the vaccine if I’ve had a reaction to other vaccines in the past?” Typically, they’re referring to other vaccines such as the flu shot.

The answer, according to the Centers for Disease Control and Prevention (CDC), is to ask your doctor. If you’ve had an immediate allergic reaction in the past, whether it was minimal or severe, your doctor can help you decide if you should get the COVID-19 vaccine or not.

The CDC also warns people not to get the 2nd COVID-19 vaccine dose if they had a severe allergic reaction to the first one. One of the common reactions to this vaccine is anaphylaxis, a critical allergic reaction in which the body becomes hypersensitive. There are also reports that this vaccine has triggered other reactions such as Bell’s Palsy and Thrombocytopenia.

For those people who have had either Guillain-Barre syndrome (GBS) or Bell’s Palsy in the past, the CDC says that you can still get the vaccine. However, it is best to consult with your doctor before making that decision.

Continue ReadingShould I get a Covid Vaccine? What the CDC Says

Moderna COVID-19 Vaccine Approved

The FDA approves a second COVID-19 vaccine as daily death and infection rates spike across the country.  The CDC voted 11-0 to approve the Moderna vaccine in people 18 and older. Earlier in the week, the FDA gave Moderna an Emergency Use Authorization (EUA) after reviewing clinical trials.

Moderna vaccines will begin shipping out on Sunday, December 20th and people could start getting these shots by Monday the 21st. This vaccine also needs a second dose about a month after the first for full effectiveness.

Side Effects and Reactions to the Moderna COVID-19 Vaccine

Side effects from the Moderna vaccine include fatigue, chills, headaches, arm pain and swelling. More serious vaccine injuries include possible anaphylaxis and Bell’s Palsy. The Pfizer vaccine also had some early indication during trial phases that Bell’s Palsy could be a known reaction. People with a history of allergic reactions are being warned not to get the shots.

COVID-19 and Vaccine Injury Compensation Programs

For people in the United States who experience a severe vaccine injury or reaction after the COVID-19 shot, there are two federal vaccine injury compensation programs: The National Vaccine Injury Compensation Program (VICP) and The Countermeasures Injury Compensation Program (CICP).

The attorneys at Maglio Christopher & Toale, P.A. are reviewing COVID-19 vaccine injury cases across the country. Our attorneys have represented more people in the vaccine injury programs than any other firm and have won hundreds of millions of dollars in compensation for our clients.

Comparison of Pfizer and Moderna COVID-19 Vaccines

The Moderna and Pfizer vaccines are similar to each other, but the Pfizer version is approved for children 16 years up.  Neither immunization gives you a weakened or inactivated version of the virus to build immunity. Instead, the mRNA vaccine injects you with instructions for your immune cells to create a piece of protein that the rest of your body fights off with antibodies. This protein is similar to the COVID-19 strain, so when your immune system deals with the actual coronavirus, it already knows how to fight it off.

Continue ReadingModerna COVID-19 Vaccine Approved

CDC, FDA Approve First COVID-19 Vaccine for U.S.

The first COVID-19 vaccine approved by the CDC will start rolling out on Monday. On Saturday, Dec 12th, the CDC’s Advisory Committee on Immunization Practices (ACIP) unanimously voted 11-0 to approve the Pfizer – BioNTech version of the vaccination. The panel approved the 2-shot vaccine for people 16 years and older.

Hospitals expect to get nearly 3-million doses delivered as soon as this Monday in what’s being called D-Day for the vaccine distribution with assistance from the military.

The CDC says it will monitor the vaccine for signs that it causes Bell’s Palsy as a vaccine injury. Four people in the test phase of Pfizer’s COVID-19 vaccine experienced facial paralysis reaction known as Bell’s Palsy. British drug regulators have warned people with severe allergies not to get the new vaccine after several cases of anaphylaxis in the UK. The FDA is requiring Pfizer to track anaphylactic reactions in the U.S. because of the British cases.

COVID-19 and Vaccine Injury Compensation Programs

For people in the United States who experience a severe vaccine injury or reaction after the COVID-19 shot, there are two federal vaccine injury compensation programs: The National Vaccine Injury Compensation Program (VICP) and The Countermeasures Injury Compensation Program (CICP).

The attorneys at Maglio Christopher & Toale, P.A. are reviewing COVID-19 vaccine injury cases across the country. Our attorneys have represented more people in the vaccine injury programs than any other firm and have won hundreds of millions of dollars in compensation for our clients.

Continue ReadingCDC, FDA Approve First COVID-19 Vaccine for U.S.

Jury Awards $20 Million Verdict to Victim of Defective Metal on Metal Hip Replacement

A St. Louis jury sent a $20 million dollar message to Biomet Orthopedics in Federal Court today. The verdict sided clearly in favor of Mary Bayes, who suffered extensive heavy metal poisoning and 6 traumatic hip revision surgeries because of the metal on metal hip replacement.  The trial relied upon testimony and evidence uncovered by the metal on metal hip team at mctlaw.  
The legal team at Maglio Christopher & Toale, P.A. spent years investigating metallosis and heavy metal poisoning caused by metal on metal hip replacements. From secret files of hip replacement manufacturers, they were able to determine what the manufacturers knew and when they knew it. This process took years and was accomplished by painstaking document review, continual court battles, and verbal examinations of evasive company employees. Our attorneys have personally questioned under oath dozens of marketing executives, testing engineers, and the CEO’s of some of the largest medical corporations in the world. 
“The horrific injuries suffered by Mrs. Bayes are what we have been warning about for years,” says mctlaw attorney Ilyas Sayeg, who attended the St. Louis trial. “People with metal on metal hip replacements are still going about their lives unaware that they have ticking time bombs in their hips.”
Despite severe injuries and even deaths from heavy metal poisoning caused by metal on metal hip replacements, the United States Food and Drug Administration continues to stand by and do nothing. While manufacturers stopped selling metal on metal hip replacements in the United States, they have never been required to recall or warn patients of the dangers posed by the hip replacements. In fact, tens of thousands of patients in the United States have metal on metal hip replacements implanted in their bodies but don’t even realize it. They believe that if there was a problem with their hip replacement, the FDA would let them know. Unfortunately, that has not happened.
Today’s compelling $20 million dollar verdict shows that juries understand that orthopedic corporations have put profits before the safety of their patients for a very long time. Victims like Mary Bayes are left with a hefty verdict, but she is still horrifically injured and will never recover from what the metal on metal implants did to her body, her health, and her life. But this verdict is not the end of the trial. The next phase will award punitive damages in this case. Punitive damages are considered a financial punishment against the defendant when their actions are found to be in flagrant disregard for the safety of others. 
Maglio Christopher & Toale, P.A. is a national law firm with offices in Sarasota, Florida; Washington, DC; and Seattle, Washington. After filing the first metal on metal hip replacement case in 2008, mctlaw has gone on to represent metal hip patients in courts across the country.
Continue ReadingJury Awards $20 Million Verdict to Victim of Defective Metal on Metal Hip Replacement

Research Shows Neurological Issues Linked to COVID-19

A new study shows up to 80% of COVID-19 patients have experienced neurological symptoms. The Northwestern University Feinberg School of Medicine study of 509 patients found the coronavirus can affect more than the respiratory system, with some alarming potential impacts to the brain.

Common symptoms of the virus are loss of smell, fever, fatigue, and respiratory issues. But this study found many patients also experienced muscle aches, headaches, and encephalopathy (defined as a disease in which the functioning of the brain is affected by some agent or condition such as a viral infection or toxins in the blood). Encephalopathy can affect memory, cognitive abilities, personality changes, and cause inflammation of the spinal cord. Not so common are manifestations such as stroke, seizures, and ataxia, which is a drunk-like state.

Other worldwide studies reveal some COVID-19 patients were diagnosed with Guillain-Barre Syndrome. This rare disorder happens when the body’s immune system attacks the nerves, eventually leading to paralysis.  A clinical trial for a COVID-19 vaccine was recently put on hold after triggering a neurological reaction, transverse myelitis, in one of the test participants. 

Scientists say more study is needed on the potential long-term effects of coronavirus on the brain.

Continue ReadingResearch Shows Neurological Issues Linked to COVID-19

COVID-19 Vaccine Injuries Harder to Get Compensation from Government Program

Those who suffer injuries or life-altering conditions from the upcoming COVID-19 vaccine will face difficulties getting vaccine injury payouts. The Wall Street Journal reporting COVID-19 vaccine injuries will be covered by what’s called the countermeasures vaccine injury compensation fund. It was set up 10 years ago to cover injuries from vaccines for a flu pandemic, or drugs to treat an Ebola or Anthrax outbreak.

This countermeasures program makes it harder to file claims than the existing National Vaccine Injury Compensation Program (NVICP). This established program is funded by a vaccine tax, paid by drug companies on each vaccination. Money is awarded to people who suffer an injury from common vaccines recommended for children or pregnant women and recently included conditions related to the seasonal flu vaccine.

People injured by the COVID vaccine who file claims can expect their compensation will be much lower than those paid by the vaccine injury fund (NVICP). Vaccine Injury lawyers and vaccine experts say the average claim under this countermeasures program is $207,000. The vaccine injury fund awards average more than double that at $585,000.

In the rush to develop a vaccine, serious injuries can affect some people in the vaccine trial. Many receiving the COVID-19 vaccines in these trials have experienced side effects like chills, fever, fatigue, and pain where they were injected.  Two vaccine trials were paused in the United States after participants developed illnesses. AstraZeneca/Oxford’s vaccine trial and Johnson & Johnson’s single dose vaccine trial are both still shut down in the U.S. as scientists and regulators investigate.

Continue ReadingCOVID-19 Vaccine Injuries Harder to Get Compensation from Government Program

Another COVID-19 Vaccine Trial Paused After Illness

Another COVID-19 vaccine trial is now on pause after a study participant’s unexplained illness. The Associated Press reports that Johnson & Johnson is investigating if the person’s illness is related to the coronavirus vaccine. Johnson & Johnson joins AstraZeneca/Oxford as the two drugmakers to stop vaccine trials because of side effects. 

No details were released by Johnson & Johnson about the study participant’s illness or their current condition. A woman in the Astra/Zeneca trial developed severe neurological symptoms consistent with transverse myelitis, an inflammation of the spinal cord.

Johnson & Johnson is testing a one-dose vaccine, while the other drugmakers working to create a safe and effective COVID-19 vaccine are working on a 2-dose approach.

Continue ReadingAnother COVID-19 Vaccine Trial Paused After Illness

Covid-19 Vaccine Transverse Myelitis Reaction Investigation Expanded

Reuters reports the US Food and Drug Administration (FDA) has expanded its investigation of a serious vaccine injury in AstraZeneca’s COVID-19 vaccine study. The company’s late-stage US trial has been on hold since September 6th after a study participant in England was diagnosed with transverse myelitis, a rare spinal inflammatory disorder.  Participants in other studies have reported day-long side effects from the COVID-19 test vaccines

AstraZeneca’s effort to come up with a coronavirus vaccine had been one of the most advanced before the FDA began a probe.  President Trump pledged $1.2 billion to support the development of AstraZeneca’s vaccine, but the trial is now on hold.

The FDA will be looking into the data from earlier AstraZeneca trials of similar vaccines developed by the same scientists working on this one. The pharmaceutical company is one of 4 in the United States now in phase 3 Covid-19 vaccine trials, the final stage in developing a safe and effective vaccine. The other trials underway are from Moderna, Pfizer, and Johnson and Johnson.


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Coronavirus Vaccine Trials Showing Day Long Side Effects

Some coronavirus vaccine trials are showing day-long side effects, but participants say it’s worth it, according to CNBC, reporting on the vaccine trials from Moderna and Pfizer.

Some of those receiving the trial COVID-19 vaccine say they experienced exhaustion, high fever, body aches, and headaches. Participants also said the symptoms were uncomfortable and sometimes intense, but most often, went away within a day.

One participant in the Moderna vaccine trial says he felt under the weather for several days after getting the first dose. About a month later, he received the second dose of the vaccine and says he was bed-bound with a high fever and experienced shakes, chills, headache, and shortness of breath. But after about 12 hours, the participant says he felt back to normal. Other participants have reported similar side effects after getting the 2nd dose of these trial vaccines.

Moderna and Pfizer have admitted their vaccines could have side effects similar to COVID-19 symptoms. Both vaccines are in phase 3 trials where thousands of volunteers get the vaccine and scientists study their effectiveness and safety. A recent coronavirus poll shows that many Americans say they will avoid the vaccine when it’s first released. 

Four U.S. backed vaccine candidates are now in phase 3 trials. It is hoped at least one safe and effective coronavirus vaccine will be ready by the end of the year.


Continue ReadingCoronavirus Vaccine Trials Showing Day Long Side Effects

Poll: Americans May Avoid COVID-19 Vaccine When First Released

A new poll shows many Americans will not get a first-generation COVID-19 vaccine as soon as it becomes available because they do not trust the pharmaceutical companies to adequately test the immunization. The latest Axios/Ipsos poll reveals 60% will avoid the vaccine when it’s released, while 39% say they will get the vaccine. These poll numbers reveal a growing lack of trust in that still under development first-generation vaccine. This latest poll shows those who say they will get the vaccine has dropped 8 points (47% to 39%) since late August 2020.

Most of those polled don’t expect to pay any out of pocket costs for the vaccine, instead, they’re expecting insurance or the federal government to pay for it. About half only want to spend $50 or less for a vaccine, while another one-third say they are not willing to pay anything for the coronavirus vaccine.

The poll also shows more parents are turning to distance learning after COVID-19 scares in their school districts. 64% say they are using virtual or distance learning for their children. That number continues to rise since the start of the school year.

The poll’s results also show the emotional toll that distance learning is having on students. Since early August, parents of distance learning students are more likely to report a decline in their child’s emotional health. In fact, more than 1 in 3 (37%) say this is the case. That’s higher than the 27% of Americans who say their emotional health is getting worse because of the virus and its impact on our lives.

Experts say that it could be more than a year before the COVID-19 vaccine is available to the general public 

Continue ReadingPoll: Americans May Avoid COVID-19 Vaccine When First Released

What are the Stages of Vaccine Development and Testing?

With so much research happening around the world to come up with a cure for a vaccine for the coronavirus, it’s important to understand how that research happens.  Below we’ve explained the different phases of COVID-19 vaccine development and what each of them means.


The development of a vaccine for the coronavirus begins in pre-clinical trials, where a potential vaccine is tested in animals and in the lab.


Once it passes that test, the vaccine moves on to Phase 1, where a small number of healthy people are given a dose. At this point, scientists are assessing the safety and effectiveness of the vaccine.


In Phase 2, the potential vaccine is tested on hundreds of people, including those who are at a higher risk of illness like the elderly and children. Scientists are looking at the vaccine’s safety and if it can stimulate the immune system.


The final hurdle for a potential vaccine is Phase 3 trials. Thousands of people will receive a dose of the vaccine. Scientists study how many of them become infected, compared with those who received a placebo. This final phase should also show evidence of any vaccine injuries that may be missed by other studies. The FDA is requiring the vaccine will have to protect at least 50% of those vaccinated, although it is hoped it will be more effective than that.

Once the vaccine is distributed, scientists will continue to monitor its effectiveness and safety.  However, medical experts say a vaccine could take up to a year before the entire US population has access to one.  Even more troubling, recent polls show that a majority of Americans may not feel it’s safe to get the vaccine right away. 

Source: The New York Times

Continue ReadingWhat are the Stages of Vaccine Development and Testing?

COVID-19 Vaccine Likely a Year Away for Most People

The nation’s top expert on COVID-19 says even though a vaccine is expected by early 2021, it will likely be the end of next year before life gets to a pre-pandemic normal. NBC News reports Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, says a COVID-19 vaccine should be approved within the next couple of months. However, it will be several more months before enough doses can be produced and distributed for the general public.

Fauci says the most vulnerable to the coronavirus will be first in line to receive the vaccine. This includes healthcare workers, those with underlying conditions, and the elderly. Dr. Fauci says the vaccine, when ready, will not be 100% effective and that if we’re lucky, the vaccine will be about 70 to 75% effective.

Once the vaccine is distributed, Fauci warns it will not signal the end of the public health measures that have been in place since the pandemic began last spring. Mask wearing and social distancing meant to keep the virus at bay, will allow us to get back to some sort of “normal” sooner.

Several vaccines being developed now in the United States are in the third and final stage of testing. Dr. Fauci expects to know if any of them work by November or December and possibly sooner.


Continue ReadingCOVID-19 Vaccine Likely a Year Away for Most People

mctlaw Welcomes Attorney Jeffrey Nelson

Attorney Jeffrey Nelson Named Assistant Attorney General for Oklahoma Indian Tribe

Jeffrey Nelson was appointed Assistant Attorney General for the United Keetoowah Band of Cherokee Indians in Oklahoma. Mr. Nelson will represent the Tribe in matters involving tribal governance, Indian gaming, and other matters as assigned by the Attorney General. The Tribe’s Attorney General, Klint A. Cowan, stated “The Tribe is excited to have access to Mr. Nelson’s extensive gaming experience and wise legal judgment. We look forward to working with Mr. Nelson and his new Firm.”

Attorney Jeffrey Nelson Headshot
Attorney Jeffrey Nelson

One major area of law where Nelson will assist the Tribe will involve the legal ramifications of the U.S. Supreme Court’s recent ruling in McGirt v. Oklahoma that the Muscogee (Creek) Reservation was never disestablished by Congress, and therefore still exists. Because there are several reservations in Oklahoma that share the same history, the effect of this decision means that much of eastern Oklahoma is within one of several Indian reservations, including the 14-county Cherokee Reservation, shared by the Cherokee Nation of Oklahoma and the United Keetoowah Band of Cherokee Indians. The Supreme Court’s decision brings into question many potential legal issues regarding the Cherokee Reservation.

Mr. Nelson recently joined Maglio Christopher & Toale, P.A. as a firm partner. He brings a wealth of experience to mctlaw, including his time as an Assistant Solicitor at the Department of the Interior and as a Senior Attorney at the National Indian Gaming Commission. “We’re honored to welcome Mr. Nelson to mctlaw as our firm’s practice in the Court of Federal Claims expands,” says Managing Partner Altom Maglio. In addition to his work for the United Keetoowah Band of Cherokee Indians, Nelson will focus his legal practice on other federal Indian law issues and complex civil litigation, including vaccine injury cases.

Continue Readingmctlaw Welcomes Attorney Jeffrey Nelson

ACCV Meeting on Proposed Removal of SIRVA and Syncope from Vaccine Injury Table

Advocacy groups and business industry leaders from across the country gathered on Monday during a governmental meeting to say they are all opposed to removing SIRVA and syncope from the National Vaccine Injury Compensation Program (NVICP).

On Monday, May 18th, the Advisory Committee on Childhood Vaccines (ACCV) met to discuss proposed changes to the Vaccine Injury Table. The Secretary of Health and Human Services proposed removing SIRVA and syncope from the Vaccine Injury Table because these injuries are “depleting the pool of funds available to those injured by vaccine antigens,” which is false.

After hearing from medical doctors, the pharmaceutical industry, vaccine administrators, and vaccine injury attorneys, the ACCV unanimously rejected the removal of SIRVA and syncope from the program. The ACCV is a committee within HHS that advises the Secretary of Health and Human Services (HHS) on issues relating to the NVICP.  No one from HHS showed up to the meeting to support its suggestion that these injuries should be removed from the Vaccine Injury Table. 

Below find relevant excerpts from the many letters presented during the ACCV meeting showing strong support for keeping SIRVA and syncope within the Vaccine Program:

Vaccine Injured Petitioners Bar Association (VIPBar)

The NPRM creates more problems than it attempts to solve, and even a forthright and comprehensive deliberation of the NPRM with individuals regularly involved in the NVICP would highlight the NPRM will only irreversibly damage the NVICP.

National Association of Chain Drug Stores (NACDS)

NACDS urges ACCV to recommend that HRSA not proceed with the NPRM, as the HRSA proposal would likely result in dramatically negative public health consequences by significantly reducing Americans’ access to vaccinations. Especially in this time of nationwide pandemic and associated health care crises, we believe it would be unwise to adopt such a health policy change.Ironically, the HRSA proposal would limit access to vaccinations, which are the only potential preventative treatment that could halt the spread of the coronavirus.

American Pharmacists Association (APhA)

“By seeking to remove vasovagal syncope and SIRVA from the Vaccine Injury Table, HRSA’s NPRM threatens patient access to COVID-19 and other critical vaccinations. Rather than encouraging vaccination, this proposal could severely impact our nation’s ability to research, develop, and widely administer life-saving vaccines due to concerns about potential liability.”

Biotechnology Innovation Organization (BIO)

“The Biotechnology Innovation Organization (“BIO”) is the world’s largest trade association representing biotechnology companies, academic institutions, state biotechnology centers, and related organizations across the United States and in more than 30 other nations.”

“We also question whether SIRVA and syncope claims pose a risk of “reducing the funding available for children and others who are injured by vaccine antigens. The fund balance as of January 31, 2020 is greater than $4 billion. It has continued to grow even after SIRVA and syncope were added to the Table. It therefore does not appear that inclusion of SIRVA on the Table, to say nothing of syncope, is putting the fund at risk.”

Dr. Uma Srikumaran MD, MBA, MPH Associate Professor of Orthopaedic Surgery Johns Hopkins School of Medicine

1. The scientific evidence does support a causal relationship between injection of vaccine antigen and SIRVA. SIRVA should remain a table injury and the evidence is summarized above.
2. The policy reasons to remove SIRVA are weak and the policy reasons to keep SIRVA are much stronger, summarized above, and maximize the net benefits related to economic, public health, safety, and equity issues.

Anne Toale, Vaccine Injury Attorney with Maglio Christopher & Toale, P.A.

Our firm also strongly disagrees with the proposal to remove SIRVA and syncope from the NVICP. You can read our complete statement below: 

Continue ReadingACCV Meeting on Proposed Removal of SIRVA and Syncope from Vaccine Injury Table

Guillain-Barré Syndrome in the NVICP

Facebook Live on Guillain-Barré Syndrome in the NVICP

mctlaw attorneys Anne Toale, Danielle Strait, Diana Stadelnikas and Isaiah Kalinowski went live on facebook to discuss GBS in the NVICP. Watch the video here or read the transcript below.


Anne Toale: Hi. Welcome to our talk about getting compensation in the vaccine injury compensation program for a rare vaccine reaction known as Guillain-Barré syndrome, or GBS. This is a rare disease, but its association with vaccination is well known. I’m Anne Toale and I’m a partner at mctlaw, a nationwide law firm representing people injured by medical products.

I have been representing people injured by vaccinations for 17 years, day in and day out. I have three of my partners here with me today, and so I’ll let them introduce themselves.

Danielle Strait: Hi, my name is Danielle Strait. I’m an attorney in Maglio Christopher and Toale’s Seattle, Washington office. I’ve been representing people with vaccine related injuries for about eight years now, and for the three years prior to that, I worked as a law clerk at the us court of federal claims, which is the court that hears these cases.

I’m very passionate about the work that we do, and I’m really glad to be with you all today teaching you about the program and about GBS.

Diana Stadelnikas: Hi everybody, my name is Diana. I work in the vaccine team. I’ve been on the vaccine team about 10 years. I work in the Florida office. I come to the practice of law with a background as a pediatric critical care nurse and like my partners, i’m also very passionate about the work that we do and the program that we’re working in.

Isaiah Kalinowski: Hi everyone. My name is Isaiah Kalinowski.  Like Danielle. I worked at the court that hears these cases for about four years. And since 2010 I’ve been in their Washington DC office, which is about two blocks away from that court representing vaccine petitioners every day since then.

Anne Toale: Thanks, Isaiah. So today we’re talking about a specific condition Guillain-Barré syndrome, like I mentioned before, and how we can help you get compensation for GBS. But take a look at our website,, where we have a list of all kinds of other conditions that can be caused potentially by vaccination.

, and that way you can find out, what other conditions when we might be able to help you with. But GBS basically is an auto immune disorder. And what that means is your body’s immune system gets confused and starts attacking itself. And so this will look like your feet and your hands, your legs and your arms are slowly becoming paralyzed and even your lungs potentially, and you might stop breathing.

So depending on how severe that is, usually you’ll end up in the emergency room. And if you get care right away, and a proper diagnosis, then you can hopefully have a pretty good outcome from your GBS. But other people don’t have such a good outcome and they actually end up in a wheelchair for the rest of their life.

So there’s some variation with that. , Danielle, what are some vaccines that can be associated with GBS?

Danielle Strait: That’s a great question. And so the vaccine injury program itself looks at many different vaccines and vaccine related injuries. As you said, some of those vaccines are going to be influenza or your annual flu shot.

The hep shot hepatitis A, B, MMR. Tetanus shots, which are also called T dap or Dtap, meningococcal, polio, and HPV. But the vaccines that we see most commonly associated with Guillain-Barré and where we represent the most clients are going to be your influenza vaccine. The tetanus and tdap vaccine and also your hepatitis B vaccine.

I think one of the things that is confusing because this isn’t a well known disease until you get it, is that relationship. A lot of my clients end up with their primary care doctor or with urgent care. And while the doctors are taking a history, it comes to light that they’ve had a vaccine shortly before onset of those neurological symptoms.

But a lot of my clients are either told it’s not related to those vaccines or they do Googling. They’re on their own and they find out that there could be a relationship and they contact us. So it’s very important for people who think that there is a relationship between the GBS, that they get a vaccine.

They had. To contact the law firm like ours or get on our website, and check out the information we have for therapy for folks.

Anne Toale: Right? I mean, that’s a good point. And what I see in a lot of my cases involving GBS is that primary care doctors, not so much, but in when people are in the hospital and a neurologist comes to see them and they’re considering what could be wrong with you, because you’re suddenly becoming paralyzed.

And when they start thinking about GBS. Usually neurologist actually will ask how you gotten any vaccines in the past several weeks because it is just, it’s one of the more well known vaccine reactions that can happen and that’s, you know, that’s pretty well established. So

Diana Stadelnikas: I’m sorry, I just want to, one thing to point out too is that it’s not a disease that’s limited just to adults either.

GBS is a disease that also impacts infants and children as well.

Anne Toale: That’s right. We had a really significant GBS case in the firm that, and actually went to trial that involved a baby. , and the defense was, GBS doesn’t happen in babies. , but we won that case and got that kid a very, very sizable, very sizable where it actually, that was life changing for him.

, so Isaiah, I’m going to ask you to talk about earlier, you mentioned that you previously worked in the vaccine court. And so tell us more about that because there is just one court where all the vaccine claims are. Are brought for the whole country. And we, we practice all over the country and meaning we represent people from all over the country.

So, but we all go to that one vaccine court in DC where you worked. And so tell us how that works.

Isaiah Kalinowski: That’s right, Anne. Thanks for, thanks for that. , the court is in, in Washington DC and hears all vaccine cases for the whole country. , the court does travel, as needed sometimes, to where people live, but it is in DC and claims have to be brought to this court.

They cannot be brought in other courts, whether federal or state. , it is administered as a no fault compensation program in which we’re pursuing compensation out of a federal fund that’s funded by vaccines. So it’s no fault. We’re not suing anyone’s doctors. We’re not suing pharmacies. So, you don’t need to worry about that.

And in addition, we don’t require anything from you upfront. , some paperwork, some information, but you do not need to pay anything upfront to us. And at the end of the case, when you’re compensated, we do not take anything from your amount of compensation. , our, our fees are paid after the fact by the court as part of this compensation program.

. But the important thing I want to reiterate and is that we, you must act quickly because the one aspect of this being a federal program is there is a very hard deadline to claims. So if you, a person thinks they’ve experienced the vaccine related, adverse reaction, they need to contact us or someone like us, very soon thereafter.

Anne Toale: That’s right, Isaiah. Diana, I want to ask you about what’s it like representing people with GBS? I mean, firstly, what kinds of, what kinds of ways are people’s lives impacted by having GBS?

Diana Stadelnikas: I could probably talk for hours on that, but I’ll try to be quick.

, I think, you know, our goal is to try to get folks who are severe.

Some, some, some folks are not injured. They recover from GBS fairly quickly. Some folks, I have one client. Gentlemen who in his mid-forties was a breadwinner of the family who was paralyzed from GBS and ended up in a wheelchair unable to work again. , through the program, we were able to get him, recovery.

, the wage replacement, as we talked about before, we were able to get him into, a new residence that’s was accessible for his,

his life, which was now limited to a power scooter, which we also got through the [00:09:40] program. , a modified, accessible, wheelchair van, so that he could get around with his family and also, home health services so that his wife could

get some help with the care that he needed.

Anne Toale: , it sounds like that really made a difference in that person in my family’s lives. , so. Oh, that brings me to the point where a lot of people ask us, you know, right at the beginning, a lot of clients ask what, well, how much is my case worth? Like how much money are you going to be able to get from me?

And obviously the answer to that as well, it depends. It depends how, how severe your injury is. Like you were just saying, Diana, some people recover really well and don’t, don’t really miss out on that much, and other people are, are way worse off than others. So Danielle, what would you, how would you answer that question?

Like what’s my case for it’s how much can I get.

Danielle Strait: You’re right, and that is one of the most common kind of first questions that people ask us. I always think of it as three different buckets of money. One for lost wages because of the vaccine injury, one for out of pocket medical expenses, both past and future.

And then another, some for pain and suffering, which has kept, which we’ll talk about. But I have a client in the Midwest. He was an insurance agent, kind of a middle of the road case, but he had a lot of residual damages because of the GBS. A lot of fatigue and a lot of neuropathic symptoms that the numbness and tingling wasn’t able to get around quite as much.

So he did go out of work, but he was able to return part time. He had great insurance, so no out of pocket medical expenses. So that bucket was really empty for him. But as far as lost wages, he was able to get his past lost wages and also as some for future lost wages, which allowed him to remain part time because of the GBS symptoms he was left with.

And then with the amount for pain and suffering, and he was about a $350,000 case. So a good s of money to get him to a point where, you know, you still have those symptoms, but he’s able to provide for his family and still kind of go on living a happy and fulfilling life. And it was really meaningful.

Anne Toale: Right, right. Isaiah, what, what about a case where someone is, you know, essentially a quadriplegic and they really don’t recover at all? I mean, they, they have insurance, so that’s paying for some things, but, . How can the program help with, you know, home care and future medicals, like for people like that?

Isaiah Kalinowski: Well, that the asset and the, the pro, the act specifically provides for therapies and that includes vocational and occupational therapies as well as home modifications as necessary. And some of those therapies, you know, are sort of, it can be very tailored to the person, equine therapies and water therapies.

And. , and Diana has had a lot of experience with that. , and you know, it, it really depends on the case. And we, we really explore every month we’re representing someone to see what’s going to help them the best

Diana Stadelnikas: I say. I think, I’m sorry. And I think you brought up a good point. I stay at that. The one key about the program and, and the experience that we’ve all brought to the program is that these awards and, and what you can get for the clients to make them bring them back to their new normal, in dealing with it.

With right. Is that it’s so individualized and, and we try to, we try to work, we work with the clients closely to find out what is it that they specifically need to make their new life as normal as possible when dealing with the and variety. It’s very, very individual specific.

Anne Toale: Right? I mean, because some people are so debilitated by this, then they need lifetime care and potentially even near round the clock care.

And that, which is great because that way it takes the burden off the spouse and other family members of having to care for them. And you can have someone like that come into your home and help with bathing and dressing and just everything, all the regular life activities that they’re having a hard time

Isaiah Kalinowski: One thing is we don’t want to encourage, we don’t want to discourage people who don’t have the catastrophic. , I’ll come like that because we can help people who have moderate outcomes as well. It’s worth it. So people kind of asked me, is it even worth it to file a petition? If I have to pay something, it’s going to be a lot of work.

You’re going to take a cut. Why? Why is it even worth it? But because as I said a minute ago, we don’t, we aren’t taking anything out of this. It is worth it. I just had settled a case the other day of someone that was less than a hundred thousand dollars total compensation because they didn’t, they weren’t put on their back. They were, it was a different kind of GBS that affected their face and their, and their eyes more. They had to wear glasses. They had, you know, it was a different type of case and it was a different kind of outcome, but it was still worth it for him to pursue the outcome that we achieved for him.

Anne Toale: Right? I mean, cause it’s a significant injury, you know, for everyone, even if they have a good outcome. So I agree with you. I think people even with milder cases should still contact us and we can get them something and everyone can use that extra money right now. I think so. Okay. Questions are coming in.

So, let’s see. So Danielle, the first question is, can I hire my own lawyer who I know, I know personal injury lawyer and he does injury law.

Danielle Strait: That’s a question that I think our firm, because of the amount of vaccine injury compensation program experience we have, we hear a lot. And often it’s a situation where they have hired a local attorney, someone they know, and when that attorney gets into the program and realizes it’s a very nuanced program, they realized they might be in over their head. I think we would always recommend to find an attorney who’s very well versed in the vaccine injury program. Not only are they the injuries themselves, they can be very complex, but the program, it’s not your typical civil litigation, I’m going to the courthouse in the County kind of work.

So it really pays off to have somebody that’s experienced and, and, and I would always jp on our website, and you can check out all of the experience that our attorneys have in the vaccine injury compensation program.

Anne Toale: Right. That’s a good point. We, all of our information is on the website and people should look at that and, and definitely look for an attorney like all of us, or someone like us.

But we are only doing vaccine cases. We’re not doing medical malpractice. We’re not doing car crashes. We’re not doing anything else. We literally just specialize in these cases. And so. You probably want to have the advantage of, of, of a specialist for your case. Another question is, I just found out about this program, but my reaction was over five years ago, Diana.

Diana Stadelnikas: Unfortunately, that time is to get the time to bring that claim has passed. , I would call, I would urge someone, if you do think that you’ve had a vaccine injury or you know, someone who might be suffering from a vaccine injury to please contact our firm or another vaccine injured firm and, and talk to them about your case.

There’s a very limited timeframe and there’s, there’s very little ways around that set timeframe to bring your case act quickly.

Anne Toale: That’s right. It’s that getting calls from people who just didn’t know about the vaccine program, it’s not very well publicized. And like I said earlier, not, not a lot of them.

A lot of doctors or lawyers are aware of it, so, so that is unfortunate. , let’s see. Here’s another question. , Isaiah, you touched on this a little earlier, but the question is, what are you guys going to ask me for when I call you on the phone? Like, what, what do you need from me?

Isaiah Kalinowski: That’s a great question.

And thanks for asking that. Why we need a lot of information that pertains to the things we were just talking about. What are your lost earnings? What is the documentation to substantiate that?

But just to start though, and well, just for a bit of background, I think you mentioned this a minute ago, but we do, we will need to collect all these, their medical records, so we’re going to need their medical history.

But this program, the proceedings are private, meaning the, this is not a public proceeding. Someone can’t go to the courthouse and get your file. In these cases, sealed. The only thing that is will give them public information is the court’s decision at the end. , and so that is something there. But everything else, your records, everything you provide to us, we only provide to the court what’s necessary.

And the court only, and the court keeps that sealed as well. So it is a very private and, but there is specific information we asked for. It has to do with financial, the medical, that sort of background information we need to help the person. But initially we really just need to see your vaccine record and some records that show what diagnosis you have.

Anne Toale: Just to get an idea if it’s something we can help with at all.

But Danielle, I got another question that just came in for you and it’s how long is my case going to take? , whether it’s a settlement or to go to trial or just get it, get some money.

Danielle Strait: That’s a great question. It’s another, one of the questions were asked right off the bat with clients.

I would say, you know, with uncomplicated cases right now, from the time that we file them, and until the time that they actually have compensation in hand, it can be anywhere from two to two and a half years, sometimes even three years. But a lot of our clients, because we have so much experience, because we take such complex cases, you know, there’s a lot more process involved.

We do have to go to trial. We have to get experts involved. Cases like that that are more complex can take anywhere from three, five, sometimes even 10 years. So with any government program, it is not a fast process, but we’re here to help people through it and try to make it as painless as possible.

Anne Toale: Right, right.

Thanks for that. Well, that’s almost all the time we have for today. I want to thank everybody for listening in and learning some more about Guillain-Barré, about the vaccine compensation program and about mctlaw. , I just want to remind you, to go visit our website,, the question about how much money is my case worth.

There’s a lot of information on our site about amounts that we’ve recovered for other clients, and. They’re listed by injury, so you can see what a typical GBS settlement would be like, or other auto immune disorders that we deal with. , so lots of examples there that you can read about. , so I’m going to say good night and thank you for coming in.

Stay safe.

Danielle Strait: Yeah. Thanks for being with us. It’s been great being here and talking with you all. And like everybody’s said, if you think that you have a vaccine related injury, give us a call. We’re here to help.

Diana Stadelnikas: Good night, everybody. Thanks for joining us. And again, like everyone said, if you do think you’re injured, please contact us.

This program is really the only mechanism and Avenue for you to get the help that you need and we’re here to help you

Isaiah Kalinowski: Thank you for me as well. I look forward to meeting you. If you do end up contacting us.

Danielle Strait: Good night, everybody.

Anne Toale: Good night. Goodbye.

Continue ReadingGuillain-Barré Syndrome in the NVICP

Grey’s Anatomy FaceBook Live on Dr. Weber’s Failed Metal on Metal Hip Replacement | mctlaw.

On April 9th, 2020, ABC aired is season finale of Grey’s Anatomy and the storyline featured problems with Dr. Webber’s metal on metal hip replacement.    

After viewers finished the episode, they took to google to learn more about metal on metal hips. So mctlaw’s attorneys hosted a Facebook Live event to explain how real life medical problems with metal poisoning inspired the this Grey’s Anatomy episode. You can watch a recording of the Facebook Live event above, and the transcript to the video is below.


Grey’s Anatomy FB Live

[00:00:00] Ilyas Sayeg: [00:00:00] Hi everyone. Welcome to mctlaw’s Facebook live presentation on metal on metal hips. The real story behind the drama. My name is Ilyas Sayeg, and uh, this is Malio Christopher and Toale. We are a law firm that has been litigating metal on metal hip [00:00:20] cases for many, many years. So we filed the very first metal on metal hip replacement case, a lawsuit in the country back in 2008 and we had been litigating these cases ever since

Michael Cowgill: [00:00:30]

Hi there everybody, my name is Michael Cowgill.

I’m also a member of the MCT law hip litigation team.

[00:00:40] Michele Stephan: [00:00:40] Hi everybody. My name is Michele and I’m also on the hip litigation team. Um, and we’re here tonight because of an episode of Grey’s Anatomy that aired, uh, earlier this week. Um, if you’re a fan, a fan of Grey’s Anatomy, you’ve seen over the past few weeks that something’s happened to Dr. Webber, he’s had a mystery [00:01:00] illness that nobody could figure out, and a season finale.

It was. It was discovered that his problems were stemming from his metal and metal hip implants. Let’s go ahead and take a look at that clip.

Clip From Grey’s Anatomy

[00:01:20] Grey’s Anatomy Video Playback: [00:01:20] I’d say we should bring in someone who isn’t family.

That person doesn’t exist.

Wait, don’t cut, just stop. I was going over Dr. Weber’s history again, and he got a hip replacement three years ago in Boston. [00:01:40] You need to step away from the sterile field.

Let’s me now. That’s it. You’re done. We need to restart. Listen to me. Okay. She told me to do the [00:02:00] biopsy already. His hip replacement was made out of cobalt. We did a heavy metals test and it came back, negative, right? Not for Cobalt, that test is mercury, arsenic and lead. We wouldn’t see that.

That hip is deteriorating.

Bailey, Cobalt poisoning would explain the dementia, the depression, hallucination, tremors, everything. [00:02:20] Okay. And every second it’s in his body is deteriorating, please trust me.

Change of plans, we need to draw some blood. DeLuca, run this down to the lab. Tell them the chief says this to the front of the line.

Attorney Discussion on Metal Hips

[00:02:40] Michael Cowgill: [00:02:47] Shonda Rhimes knows drama. And that’s, that’s what we got there. Some metal on metal, hip drama. And, uh, you know, after this episode aired last week, we noticed a spike in traffic to our firm’s site. And we realized that, uh, you know, [00:03:00] sometimes fiction and reality collide and that’s kind of what we have here.

So we wanted to take the opportunity to explain to everyone, you know, the real story behind metal on metal, hip replacements.

Ilyas Sayeg: [00:03:12] Thank you, Michael. So really the first question is what is a hip replacement? And what we’re going to do is we’re going to put on the screen a photo of [00:03:20] what a hip replacement looks like.

And what you’re looking at now are the four main components that people typically get when they have a hip replacement. The femoral stem. It’s actually something that an orthopedic surgeon places down into your leg, uh, and the surgeon will attach, typically a metal ball on top of the femoral [00:03:40] stem, so that you can see is labeled as the femoral head.

Your hip, meanwhile, will get a metal cup placed into it, and on the inside of that metal cup will click into place a plastic liner. It’s made of polyethylene, a much harder version of your kitchen countertop cutting board, [00:04:00] uh, but the same type of plastic. So what you typically have is a metal on plastic hip replacement.

This is a tried and true technology. It’s been used since the 60s and used very, very successfully. Most orthopedic surgeons actually discuss a hip replacement like this as the greatest advancement in medical [00:04:20] science in a hundred years. In short, these hip replacements work and they work well. So what happened with metal on metal hips.

Michael Cowgill: [00:04:30] Thanks, Ilyas. Why don’t we go ahead and take a look at a metal on metal hip to show you what was really not a great, so not, not a so great advancement in scientific literature. Uh, [00:04:40] can we bring up that metal on metal hip. So what you’ll see here is very similar, but there’s one key difference. The plastic liner is now out of the picture.

So what you’ve got is the metal head rubbing against the metal cup. So you have a direct metal on metal connection, and maybe in theory that [00:05:00] sounds nice. You know, you’re talking about metal, it’s strong, right? We all know that steel girders and so forth, and maybe that means this thing will last longer.

It’ll, it’ll, it’ll give you more longevity. You’ll get more use out of it. Well, unfortunately, that really hasn’t panned out. And like Ilyas said, you know, the metal and plastic came about in the 60s. Uh, these metal on metal hips were also, [00:05:20] uh, invented in the 60s, and they were only used till 1972 and that’s because of the negative effects of metal wear debris.

Effects of Metal on Metal Hips

Michele Stephan: [00:05:30] Thanks, Michael. I can, I can talk about what metal wear debris is and what it does to the human body. Um, as you saw in, um. [00:05:40] The, the last, uh, diagram when the metal ball rubs against the metal shell, there are tiny metal particles that are emitted into the body right around the hip area. With these metal particles do is they can, um, eat away at your tissue, [00:06:00] at your muscle and at your bone.

Um, people who have these symptoms will sometimes start feeling like their hip implants, you know, might be loose. Uh, they have instability in their leg. They might experience some pain, um, or they may just have a general feeling that their, their leg just doesn’t feel right. Um, and that could [00:06:20] be that these metal particles are eating away at the tissue in the bone that holds that hip implant in place.

Um, they also, um, these particles are so tiny that they can get into your bloodstream and this goes to what you saw on Grey’s anatomy, and when the metal gets into your bloodstream. Um, there had [00:06:40] been reports of what are called systemic injuries. So people lose their hair, they can develop tremors, they get skin rashes.

Um, there have been reports of heart issues, um, and then the cognitive function, like what Dr. Weber had. The, the science, uh, as [00:07:00] it pertains to what these metal particles do to tissue in bone is rather solid. Um, it’s still emerging as to these other systemic injuries. Um, if you find that you have a mysterious illness that you can’t figure out, it may be in your best interest to go see your doctor and tell them that you have a metal on [00:07:20] metal hip implants.

Or if you’re experiencing problems, you know, with your current hip implants, um, to find out if you have heavy metal toxicity, doctors will do a blood test. Uh, when the blood test comes back, they’ll be able to tell the levels of cobalt and chromium in your bloodstream. Um, if [00:07:40] they find that it’s necessary, the doctors may order what’s called a Mars MRI, which is a special type of MRI that can look at the tissue and the bone when you have a metal implant in your body.

Um, often if doctors find that there’s a problem, they’ll indicate or they’ll recommend to you that you have the, uh, metal and metal [00:08:00] implant removed and it’d be replaced with a different type of implant that’s not metal on metal

FDA Product ‘Testing’

Ilyas Sayeg: [00:08:05] Okay. So one, one question and one problem is, is this isn’t a new problem.

As Michael mentioned, these implants had been experimented with in the 60s and were abandoned by 1972 how did they [00:08:20] make their way back onto the market? And we need to discuss how the FDA regulates these medical devices. And what you need to know is that the FDA didn’t begin regulating medical devices until 1976.

And unfortunately, uh, it allowed a way for device manufacturers to put brand new [00:08:40] devices onto the market without ever testing for safety or effectiveness. All they would have to do is compare their new device to something that was already on the market, and they’re even allowed to compare it to these previous devices.

If the devices predate the regulations and if the [00:09:00] devices have a history of failure. And because they were allowed to do that in the early 2000s, all of these manufacturers began to market metal on metal hip implants by comparing these new metal on metal had been plants to the ones that failed and were abandoned by 1972 so in effect, [00:09:20] what they were doing was promising.

You as the, the, the, the public that were buying their implants, that they were going to do a better job with these than they did in the 1970s without ever testing whether, uh, what they were saying was accurate and you all unfortunately became their Guinea pigs. And that’s just [00:09:40] unfortunate.

Michael Cowgill: [00:09:41] Thanks for that, Ilyas.

You know, people might also be wondering, really. What, what is the impact of that FDA loophole? And you know, how has this impacted everyday people and our clients are diverse. We, we’ve got an array of clients and we’ve seen an array of impacts. So, you know, you’ve got people who are dance instructors, construction workers, [00:10:00] people who rely on their bodies for making their livelihood.

And then you’ve got people who are avid recreational list, hikers, bikers, runners, and these middle of middle hips were actually. Targeted toward these people, that it was targeted toward younger, more active patients because the idea was metal would wear at a lower [00:10:20] rate than plastic, and they would last longer.

Unfortunately, that just wasn’t the truth. It wasn’t true in the 1970s and it wasn’t true in the 2000s. Uh, and you know, w. Now we see that people have lost their livelihoods. People can’t return to do the hobbies and the activities that they really love and hold dear. So you have people whose lives have been turned upside down, a [00:10:40] similar to dr Weber’s life.

It’s a, you know, it really impacts you and it can create a significant quality of life decrease.

Michele Stephan: [00:10:48] And you would be thinking. That with our FDA, wouldn’t this product be recalled? And the answer really comes down to the fact that the FDA in the United States doesn’t [00:11:00] have the stringent guidelines or the tracking capability as other governments and other, um, in other countries.

Um, so in the United States, very few of these hip implants have actually been recalled. And the problem that stems from that is that doctors and surgeons relying on the FDA for [00:11:20] guidance in treating their patients. And there may be doctors that are left in the dark because they haven’t been told about the issues that come from these implants.

Um, that’s why it’s important for you. If you are having some type of mysterious symptom to specify to your doctor [00:11:40] that you do have a metal on metal implants. Now, we’ve talked tonight about all of the bad things that can come from these metal and metal implants. Um, I don’t want to spoil, uh, the next episode of Grey’s anatomy.

But what we have seen is that once the, uh, offending [00:12:00] product is taken out of, um, client’s bodies there, there is a degree of recovery. There’s some damage that is longstanding. Um, and that’s going to depend on everybody’s individual circumstance. And that’s why it’s very important if you are having any trouble that you go to your doctor and you started investigating this now.

Filing a Lawsuit Against Metal on Metal Hip Manufacturers

[00:12:20] Michael Cowgill: [00:12:21] So you might be wondering, how do I qualify for, for, you know, any legal action related to a metal on metal hip? Do I have a metal on metal hip? Uh, well, you know, the first thing to do maybe to obtain some medical records and talk to your doctor to see if you in fact have a metal on metal hip. Nonetheless, you should also go to and [00:12:40] you know, later on, you’ll see on the screen our contact information reach out to us.

Uh, we can help with obtaining medical records, reviewing those records. Seeing if there’s a possible case here.

Ilyas Sayeg: [00:12:52] Another question many people have is, uh, most people have never been part of a lawsuit. They don’t know what to expect. They don’t know whether they should do [00:13:00] it. Uh, and sometimes there’s just a bad connotation that comes with being involved in a lawsuit.

And you shouldn’t feel bad about investigating whether you need to file a lawsuit. Uh, and you shouldn’t feel bad about having to file a lawsuit if one of these manufacturers actually does make a Guinea pig out of you. Uh, give us a call. Uh, we’ll look at your case for you and we’ll try to minimize the impact [00:13:20] on your daily life.

Uh, but what’ll typically happen is, uh, we may be filing a lawsuit for you somewhere. We handle that. Uh, there might be some documents you might have to fill out over the course of a few months. Uh, and, and at some point, you might have to sit for a deposition. Uh, what is a deposition that’s going to be where you sit at a table with one of your attorneys, [00:13:40] one of us sitting right next to you.

And the other side’s attorney asking you some questions about what you went through, uh, what you felt, uh, they might be looking at your medical records and asking you some questions, uh, and, and that’s it. You just answer what you know. Uh, apart from that, what we’re going to be doing potentially for a period of many years is fighting to get the [00:14:00] documents out of that company.

They’re not going to want to part with the documents that show that they were putting profit above safety. And we’re going to be fighting to get those documents. And as we do that, we’re going to build leverage to hopefully get a settlement for you and if we need to go all the way to trial, and that is something that we’ll be prepared to do if we need to.

Audience Questions

[00:14:20] Michele Stephan: [00:14:21] Absolutely, Ilyas. If anybody has any questions, please go ahead. And, um. Uh, write them on your screen. Um, we’ll stay on for a few minutes to answer any questions that you may have. Uh, you can also give a call to the office, um, with any questions.

[00:14:40] So while we’re waiting for questions, uh, we do hope that everybody is keeping themselves safe. Uh, during the COVID19 pandemic, our offices are open. We have offices in Sarasota, Florida, and Seattle, Washington, and also in Washington, D C. [00:15:00] um, we’re fortunate that our technology allows us to all work remotely.

Uh, we do so on a typical normal basis because we travel a lot. I’m handling these cases nationwide, both in federal and state courts.

Ilyas Sayeg: [00:15:16] Michelle, we have a question from one of our viewers and the question is, [00:15:20] how do I know what kind of hip I have? Uh, the way that we’re going to, and, and when people call us, uh, what, what we do is we ask them to go to their, uh, medical provider.

Usually the orthopedic surgeon. Uh, and there’s a very particular medical record that will always identify the hip implant. And it’s, [00:15:40] it’s, uh, comes along with the operative note. That’s the surgical notes the doctor made after performing the surgery. Along with that is something called an operative record.

And, uh, many of you may not know, but what actually ends up happening in most of these surgeries. Is that a sales rep goes into the operating [00:16:00] room with the surgeon. The sales rep brings boxed devices into the O.R. The surgeon will cut the patient up, cut the patient open, uh, and will figure out exactly what size device is needed.

We’ll ask the sales rep, okay, I need a S a size 56, and the sales rep will then get [00:16:20] the box size 56 device, hand it to, uh, a nurse. The nurse will start opening the box. There’ll be a little label inside that box. That label is a sticky label. It gets put on a page. And the sales transaction occurs when that sticker gets put on the page.

The sales representative in the [00:16:40] room, and you didn’t even know that while your surgeon was operating on you. A transaction took place. That document becomes the main way that we identify what type of hip implant that you get. And

Michele Stephan: [00:16:52] Ilyas, I can just add to that. Often, after you’ve had your hip implant, you’re going to get a little card for your [00:17:00] wallets, um, that will identify, uh, the manufacturer of the product, uh, and the type of product that you might have.

Michael Cowgill: [00:17:09] I think we’ve got another question here. Someone asking. You know, do, do we sue your doctors, your, is your doctor someone that needs to be sued in this process? And the answer to that though, the simple answer [00:17:20] is typically no. So, uh, these lawsuits are focused on the manufacturers of the metal and metal hip products.

Uh, you know, as we discussed, or as Michelle said earlier, it’s really. Yes. The FDA has this loophole for approval of these products, uh, and it’s kind of dropped the ball here. So manufacturers have been able to get these through, [00:17:40] and doctors who rely on the FDA aren’t getting the information they need. Um, so it’s not necessarily, you know, a doctor’s fault.

It’s not something that we’re going to bring against a doctor. It’s about the manufacturer who created the product.

Ilyas Sayeg: [00:17:51] Yeah. And, and to be clear, what we don’t do here, we do not pursue these like malpractice claims. And as Michael was saying, we don’t go after the [00:18:00] doctor. Uh, we want the doctor on our side. Uh, so if there’s any type of malpractice element where you believe your doctor may have done something wrong, uh, we can help you go to different attorneys to look at that. But we have a strategy on our side, we do not think it’s worth blaming the doctor when the doctor got duped as well.

[00:18:20] Michael Cowgill: [00:18:20] And Ilyas, so it looks like we’ve got another good question here. Maybe you can field that. So why didn’t the government recall all of these hips?

Ilyas Sayeg: [00:18:28] Sure. Uh, and, and unfortunately, um, the FDA in this country doesn’t do its job. Uh, we should all expect and reasonably, uh, that the [00:18:40] FDA’s sole purpose to exist is to make sure that medical products are safe and effective. Before, people are allowed to sell them to us. They do not do that for devices. Uh, they, they literally do not require devices to be tested for safety or effectiveness before they’re sold in the same way they, they, uh, don’t [00:19:00] have a, uh, required process to test how these products do once they’re on the market.

Uh, it is voluntary for the device manufacturers to report when devices fail. They get to pick, uh, if and when they are or aren’t going to report. So what you have is a [00:19:20] process with the FDA where there’s severe under-reporting. Um, and, and frankly, uh, the FDA is usually headed by somebody who’s been working in the industry.

Uh, I, I think that, um, working on these cases have shown us that unfortunately, Australia is the leader in the world to have a regulator [00:19:40] that actually, uh, prioritizes the safety of patients instead of, um, the priority, the profits of the manufacturers. 

Michele Stephan: [00:19:48] Unfortunately, and as you can see, there’s, there’s been a lot of information that we’ve learned about not only the FDA, um, but about different government’s [00:20:00] tracking systems and also different manufacturers.

These cases are complex. Um, but we’ve been handling them for many, many years and we’re, you know, well-suited and well able. And we are a force against these manufacturers. We hope that the information that we’ve provided to you tonight has been [00:20:20] helpful. Again, if you would like to discuss your case, please, uh, go onto our website, MCT and we’d be happy to help you have a good night, everyone. [00:20:40]

Continue ReadingGrey’s Anatomy FaceBook Live on Dr. Weber’s Failed Metal on Metal Hip Replacement | mctlaw.

Grey’s Anatomy Story Line and The Real Story Behind Metal on Metal Hip Replacements

Once again, problems with metal on metal hip replacements become a major storyline in a medical TV drama.

Last week on the season finale of Grey’s Anatomy, the show revealed that one of the main characters, Doctor Richard Webber, was diagnosed with cobalt poisoning from a metal on metal hip replacement. The dramatic diagnosis came after many episodes of trying to find a cause for Webber’s mysterious medical conditions. The Episode is titled: “DeLuca Makes an Incredible Diagnosis.”

After this Grey’s Anatomy episode aired on Thursday night, mctlaw saw a huge spike in traffic to our website from people searching for information about cobalt poisoning from metal on metal hips.  So we’re taking this opportunity to give you the real story behind the problems with metal on metal hip replacements.

Watch clips from the episode and hear from mctlaw’s metal on metal hip litigation team about the current status of these lawsuits.

Metal on Metal Hips on Medical Drama TV Shows

This is not the first time real-life problems with metal on metal hips made their way into TV dramas.  In 2014, an episode of the TV medical drama, House, helped a German doctor diagnose one of his patients with cobalt poisoning from his hip replacement. The patient and the character on the show both had the same symptoms. 

Click below to watch a clip from this episode of Grey's Anatomy

Continue ReadingGrey’s Anatomy Story Line and The Real Story Behind Metal on Metal Hip Replacements

Statement Against Proposal to Remove Sirva from Vaccine Injury Table

Statement on behalf of mctlaw by Vaccine Injury Attorney Anne Toale over proposed legislation to remove SIRVA and syncope from the National Vaccine Injury Compensation Program:

As a past president of the Vaccine Injured Petitioners Bar Association, I oppose the unprecedented move by the Department of Health and Human Services towards eliminating more than half of all claims filed in the National Vaccine Injury Compensation program.  

HHS aims to remove claims regarding SIRVA (shoulder injury related to vaccine administration) and syncope (fainting) from the Vaccine Injury Table and exclude them from the no-fault compensation program.  Instead, HHS wants these claims to be brought in the civil courts, where plaintiffs would undoubtedly sue both vaccine administrators such as nurses or pharmacists, and vaccine manufacturers like Pfizer and Merck.  This is the exact opposite of what Congress intended when it passed the Vaccine Act in 1986.  The Vaccine Act was designed to shield vaccine manufacturers and administrators from liability to protect the vaccine supply, while at the same time providing a method for relatively quick and easy compensation for unavoidable vaccine injuries.  

The arguments for removing SIRVA and syncope from the National Vaccine Injury Compensation Program are weak – there are numerous claims, but the 4 billion dollar vaccine fund continues to grow and is no danger of being depleted by these claims.  SIRVA claims are serious, I have represented a SIRVA claimant who required three separate shoulder surgeries and is unable to return to their profession.  Rather than deny these deserving claimants of their present route to compensation, a better solution, consistent with congressional intent and basic decency, would be to increase the number of special masters available to hear vaccine injury claims.  The vaccine bar has long advocated for Congress to increase the number of special masters to at least sixteen – presently only eight special masters are available to decide vaccine cases originating from every U.S. state and territory.  

HHS, as the Respondent in Vaccine Act cases, should focus its efforts on supporting the legislation to alleviate the overburdened court instead of selectively removing a large percentage of claims and placing them back in the civil court system where they don’t belong.

Read the proposed legislation to remove SIRVA and syncope from the Vaccine Injury Table

Anne Carrión Toale - Vaccine Injury Lawyer

Anne Carrión Toale
Anne Carrión Toale, Esq. is a vaccine injury attorney at Maglio Christopher & Toale, P.A. Anne helps vaccine injury clients get compensation from the National Vaccine Injury Compensation Program (NVICP) before the Vaccine Court in the United States Court of Federal Claims. Ms. Toale has served as past President of the Vaccine Injured Petitioners Bar Association, where she provided education and assistance to other attorneys throughout the United States practicing in the area of vaccine injury compensation.
Continue ReadingStatement Against Proposal to Remove Sirva from Vaccine Injury Table

mctlaw Coronavirus Update

Due to COVID-19,  mctlaw’s entire staff has transitioned to working remotely. Our Firm remains open, but our physical offices in Seattle, Washington; Washington, DC; and Sarasota, Florida are closed. Fortunately, we have planned for this contingency.  The attorneys, paralegals, and operations staff of Maglio Christopher & Toale, P.A. will continue their work with little disruption.

To our clients, rest assured that we continue to actively represent you. You can communicate with us by e-mail and telephone as you have previously. We ask that you also keep us updated about any changes in your contact information.  

Our staff and our attorneys will also continue reviewing new cases from potential clients. You can contact us by phone, webchat or by completing the form on the bottom of our website pages.  We will respond to you within 1 business day, but most likely much sooner than that.

Most importantly, please stay safe during this difficult time.

Continue Readingmctlaw Coronavirus Update

Long Time Seattle Attorney Talis Abolins Joins Maglio Christopher & Toale, P.A.

SEATTLE, WA (March 2, 2020)  — Maglio Christopher & Toale, P.A. welcomes Seattle attorney Talis Abolins to the Firm. Talis is a native Washingtonian with more than 30 years of experience as an attorney. He earned his undergraduate degree from the University of Washington and a law degree from Seattle University School of Law. Talis served as an Assistant Attorney General for the State of Washington for 14 years before moving into private practice.

MCTLaw Attorney Talis Abolins
Attorney Talis Abolins

“Talis is a tireless advocate and steadfast litigator,” says mctlaw Managing Partner Altom Maglio. “He has worked with us as co-counsel on medical product liability cases for years and we’re honored to add his experience and knowledge to our firm’s legal team.”

In addition to representing Washingtonians in personal injury and wrongful death cases, Talis will focus on developing new practice areas for mctlaw. He will also continue his work representing Washington patients in defective metal on metal hip replacement lawsuits and settlements.

Talis comes to mctlaw after years in private practice, most recently with Advocates Law Group in Seattle and before that as a partner at Campbell, Dille, Barnett & Smith from 2005 to 2015. Talis and his wife Marla are dedicated to nonprofit activities supporting the vision of a diverse and livable Mount Baker Town Center. They enjoy time with family, and adventuring on the mountains and waters of the Pacific Northwest and beyond.

About Maglio Christopher & Toale, P.A. 

Maglio Christopher & Toale, P. A. is a national complex litigation firm with offices located in Sarasota, FL, Washington, D.C., and Seattle, WA. The firm’s practice areas include vaccine injury compensation, defective metal on metal hip replacement litigation, construction and commercial law, and federal takings. You can contact us at 888.952.5242 or

Continue ReadingLong Time Seattle Attorney Talis Abolins Joins Maglio Christopher & Toale, P.A.

Judge Orders Biomet Internal Documents to go Public

Internal documents about metal on metal hips that Zimmer Biomet (ZBH) fought hard to keep secret are now public, and some of the contents are troubling.
Recently, a judge ruled in favor of mctlaw demand to unseal dozens of Zimmer Biomet’s internal corporate documents that were kept hidden from the public.
Among the unsealed documents is a memo prioritizing the design and development of the Biomet M2a metal on metal hip as a “money project.”

This is the project that each group should rally around and push to completion as soon as possible. It will have the biggest impact on Biomet’s bottom line.

Dozens of lawsuits against Zimmer Biomet allege that corporate management pressured their development teams to put sales over safety when it came to metal on metal hips. The priority was to make “the most money.” There’s no part of this unsealed memo that mentions patient safety or pre-market testing:

…we want to get the “biggest bang for our development buck.” This would mean that we should prioritize our work and develop the products that will make the most money for Biomet first.

Poor design doomed patients with Zimmer Biomet M2a Magnum hips from the start. The cobalt and chromium metal surfaces of the hip and the socket rub and grind together, releasing microscopic metal debris into the body. That metal has destroyed muscle, bone, and other tissue around a patient’s hips. The metal debris is small enough to enter the bloodstream and cause cobalt-chromium metal poisoning throughout a person’s body.
Essentially, the litigation alleges Zimmer Biomet turned patients into human guinea pigs so they could sell their new metal on metal hip replacement models faster. The formerly secret document states:

When a piece of this project comes into your possession, (drafting, prototypes, regulatory, tooling, production planning, rollout schedule, etc.) do not accept delays…

You can read the entire contents of this newly unsealed Biomet internal memo here. The public can expect to see more damaging internal memos as Zimmer Biomet faces almost 20 jury trials against mctlaw attorneys. The first trial is scheduled for this May in Seattle, WA.

About Maglio Christopher & Toale, P.A. – mctlaw

Maglio Christopher & Toale, P.A. is leading the U.S. litigation against metal on metal hip replacements with clients across the country. The Firm filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating these cases ever since.

Continue ReadingJudge Orders Biomet Internal Documents to go Public

Biomet Reports Show Rising Litigation Liabilities for Metal Hips

JANUARY 17, 2020 (Sarasota, FL)  — Zimmer Biomet Holdings’ (ZBH) most recent quarterly financial report puts the litigation liability for the M2a-Magnum hip at $65.7-million. Since May 2018, the expected cost of litigation from the M2a-Magnum metal on metal hip keeps going up quarter after quarter, based on the company’s financial reports. Litigation liability is an estimate or prediction of how much money a company expects to lose or spend due to current and future litigation. Typically, litigation liability costs should go down over time as individual lawsuits and settlements wind down and fewer cases are left to litigate. However, the Biomet M2a-Magnum litigation liability amount has not gone down over time, as one would expect.  Instead, the predicted costs of litigation have increased over time, sometimes greatly.  In the fall of 2018 alone there was a $20 million spike and estimates since then continue to rise steadily.


MAY 2018$32.5 million
AUGUST 2018$41.4 million
NOVEMBER 2018$62.1 million
MAY 2019$62.1 million
AUGUST 2019$64.3 million
NOVEMBER 2019$65.7 million

It is not surprising that litigation costs would increase so dramatically for ZBH in late 2018.  That’s when the multi-district litigation (MDL) that consolidated all metal on metal hip lawsuits into one lawsuit in South Bend, Indiana shut down. This sent thousands of plaintiffs back to their local federal courts to try their lawsuits, individually. Suddenly, Zimmer Biomet faced lawsuits in separate locations around the country instead of only in the Indiana MDL.

Underestimating the Future Financial Risk

The litigation liability figure of $65.7 million appears extremely low, given recent jury verdicts in similar metal on metal hip lawsuits.  For example, juries returned verdicts of roughly $500 million, $1 billion, and $240 million in three consecutive multi-plaintiff trials over a similar metal on metal hip manufactured by Johnson & Johnson.

It is highly possible that Zimmer Biomet’s estimate of $65.7 million to set aside for this litigation may not be enough to cover even a single jury verdict.  Of note, Maglio Christopher & Toale, P.A. alone has 19 jury trials scheduled over the next year and a half.

About Maglio Christopher & Toale, P.A. – mctlaw

Maglio Christopher & Toale, P.A. is leading the U.S. litigation against metal on metal hip replacements with clients across the country. The Firm filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating these cases ever since.

Contact: Altom Maglio, Managing Partner, Maglio Christopher & Toale, P.A.
Phone: 888.952.5242
Source: Maglio Christopher & Toale, P.A.

Continue ReadingBiomet Reports Show Rising Litigation Liabilities for Metal Hips

What is the Status of the Biomet Hip Litigation?

mctlaw Attorney Michael Cowgill explains the status of the Zimmer Biomet LitigationTo date, Zimmer Biomet is the only metal on metal hip manufacturer who has yet to face a jury in trial.

“We’re looking forward to finally having our day in court for our clients” says Cowgill.

In May, Maglio Christopher & Toale, P.A. and its’ co-counsel will face Biomet in trial. mctlaw Attorneys have almost 20 trials scheduled for clients throughout the next two years, the first one begins in May 2020 in King County, Washington State

Continue ReadingWhat is the Status of the Biomet Hip Litigation?

Typical Settlement Amount in a Metal on Metal Hip Lawsuit?

Attorney Michael Cowgill discusses metal on metal hip replacement case settlements and why they can vary. It is not possible to give specific details on any settlement amounts, they are confidential. But mctlaw attorneys can say that they work tirelessly to fight for amounts that our clients deserve.

“What I can tell you is that when we attend a settlement negotiation, we’re going to bat for our clients” states Cowgill.

Maglio, Christopher & Toale, P.A. has almost 20 trial dates set to represent our clients against Zimmer Biomet, the manufacturer of the defective Biomet Magnum and M2a-38 metal on metal hip replacements. Zimmer Biomet has not yet faced a jury in a trial over these hips. The first trial starts on May 4th in Washington state.

Continue ReadingTypical Settlement Amount in a Metal on Metal Hip Lawsuit?

Biomet (ZBH) Facing 19 Trials On Metal on Metal Hips

Sarasota, FL — (December 17, 2019) Zimmer Biomet Holdings, Inc. (NYSE:ZBH)  (SWX:ZBH) is facing almost 20 jury trials across the country between 2020 through 2021. The barrage of trials begins May 2020 in Seattle, WA and spans venues across the country. The trials involve patients suffering heavy metal poisoning from Biomet metal on metal hip replacements. The patients in these jury trials are all represented by Maglio Christopher & Toale, P.A., which currently has 140 lawsuits filed against Zimmer Biomet.

Biomet has never faced a trial over its M2a metal-on-metal hip replacements, until now. In 2014, before its merger with Zimmer, Biomet claimed a meager $56 million settlement would make the company’s metal on metal hip replacement litigation liability go away. It did not. As a result, the new company — Zimmer Biomet — is saddled with litigation problems which continue to get worse.

From the beginning, the attorneys at Maglio Christopher & Toale, P.A filed their clients’ cases in state courts around the country instead of the Federal Multi-District Litigation, where most cases were gathered in one court. The independence from the federal MDL allowed them unique access to millions of pages of additional documents as well as many witnesses. “We believe the jury will see that these documents show a shocking disregard for patient safety in the pursuit of profit,” says Managing Partner, Altom Maglio. Those documents are currently sealed but will become public during the upcoming trials.

Portions of the case against Zimmer Biomet include:

  • Damaging and incriminating internal company documents.
  • Surgeons warnings to Biomet which went ignored.
  • The company’s decision to recall the metal on metal hip replacements in Australia and Europe, but not in the United States.

The attorneys at Maglio Christopher & Toale, PA will have 19 opportunities across the country to present the case against Zimmer Biomet for the public to hear and a jury to decide. For Zimmer Biomet, this represents an immense financial and credibility problem, especially given repeated missed opportunities to resolve these cases.

About Maglio Christopher & Toale, P.A. – mctlaw

Maglio Christopher & Toale, P.A. is leading the U.S. litigation against metal on metal hip replacements with clients across the country. The Firm filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating these cases ever since.

Continue ReadingBiomet (ZBH) Facing 19 Trials On Metal on Metal Hips

Ilyas Sayeg Promoted to Partner at Maglio Christopher & Toale, P.A.

Attorney Ilyas Sayeg promoted to partner at Maglio Christopher & Toale, P.A. 

The announcement came during the annual law firm meeting, held at the law firm’s new Washington, DC office. Managing partner Altom Maglio presented Sayeg with the honor, speaking about his belief in holding himself and others to high ethical standards in the practice of law, his commitment to clients, and the atmosphere of teamwork Sayeg brings to the firm.

Mr. Sayeg, a complex litigation attorney, represents clients who suffer devastating injuries from defective metal on metal hip replacements. He started at the firm in 2012 and has been an integral part of its growth and leadership in the national metal on metal hip litigation.

Sayeg is Maglio, Christopher, & Toale’s lead trial attorney in upcoming high profile trials against Zimmer Biomet, scheduled to begin in May of 2020.

“Ilyas always puts his clients’ best interests first,” says managing partner Altom Maglio, on naming Mr. Sayeg a firm partner. “He aggressively fights on their behalf in high profile cases against corporations like Johnson & Johnson and Zimmer-Biomet, but it’s his dedication to doing what’s right for his clients that make him such an accomplished attorney.”

Mr. Sayeg is active with the Sarasota County Bar Association (SCBA), where he served on the executive board of the Young Lawyers Division and presently serves on the executive board of the Council for Diversity and Inclusion. Mr. Sayeg received the SCBA’s President’s Award for outstanding leadership in the creation of the Council for Diversity and Inclusion. He serves on the board of directors for My Warrior’s Place, a retreat providing hope and healing for veterans and their families, and he mentors students in Booker High School’s law academy.

“It’s an honor to be named partner,” says Mr. Sayeg. “I’m proud to earn this accomplishment and proud of this firm’s commitment to ethics on behalf of our clients.”

Continue ReadingIlyas Sayeg Promoted to Partner at Maglio Christopher & Toale, P.A.

Almost 50 Vaccine Injury Decisions and Settlements Added

This week mctlaw posted nearly 50 new vaccine injury decisions and settlement amounts to its case results page at  This table shows how much money our attorneys recovered for clients with severe reactions through the National Vaccine Injury Compensation Program.  You can read through the entire table of our Vaccine Injury Case Results here. Some of the recently posted results include:

The table lists the filing date, vaccine, diagnosis, and a link to the redacted court decision. There are almost 700 injury cases listed that were represented by the attorneys at mctlaw.  This case results table is updated multiple times a year.

The Vaccine Court is a no-fault compensation program. People who suffer debilitating reactions to vaccines can file a claim for compensation through the program. At Maglio Christopher & Toale, P.A., there are nine attorneys working exclusively within the National Vaccine Injury Compensation Program.

  • Our attorneys have recovered more than $300 million dollars for vaccine-injured clients.
  • mctlaw obtained the highest single compensation award in the Vaccine Act history on behalf of one of our clients.
  • NO part of a clients’ financial award is taken by our law firm.
  • There is NEVER a contingency fee paid by the client in vaccine cases in the United States Court of Federal Claims
  • Our clients keep 100% of their settlements because our legal fees are paid directly by the Court.

The program, which operates within the US Court of Federal Claims, distributes compensation from a trust fund. The fund is supported by a $.75 excise tax on every vaccine dose administered in the United States. 

Maglio Christopher & Toale, P.A. has more than 2o years of experience representing clients in the Federal Vaccine Injury Compensation Program. If you think you may have a severe vaccine injury,  contact us for a free case evaluation here or call 888.952.5242.

Continue ReadingAlmost 50 Vaccine Injury Decisions and Settlements Added

See mctlaw’s New Washington, DC Office

WASHINGTON, DC — (December 2, 2019)  mctlaw opened the doors to a new and larger Washington, D.C. law office today.  mctlaw is now located in a tech-forward office building at 1015 15th Street, NW in Suite 1125. The firm is still in the heart of the nation’s Capitol and remains only 3 blocks away from the United States Court of Federal Claims.  Nearby landmarks include McPherson Square and K Street.

“This new and much larger space gives us room to grow and it also accommodates attorneys from our Seattle and Florida offices when they travel to Washington, D.C. for trials,” says Managing Partner Altom Maglio. “I also believe this expansion is a sign of the trust and confidence that our clients have in our attorneys and staff.”  mctlaw has a long-established reputation as a leader within the US Court of Federal Claims and as a national trial law firm. “Our commitment to set down firm roots in the Washington, D.C. legal community is strengthened by this firm expansion,” says Maglio.

The new address for the Maglio Christopher & Toale, P.A. Washington, D.C. office is:

1015 15th Street, NW
Suite 1125
Washington, DC  20005
(888) 952-5242

Take a Look Inside mctlaw's New Office Expansion

Continue ReadingSee mctlaw’s New Washington, DC Office

Attorney Anne Toale Honored by VIP Bar Assoc.

Anne Toale receiving an award from the VIP Bar Association
Attorney Anne Toale (pictured to the right)
Anne Toale Award for her service as the 2017-2018 VIP Bar President
Presented to Anne Toale for your service as the President of the Vaccine Injured Petitioners Bar Association 2017-2018

mctlaw attorney Anne Toale honored today by the members of the Vaccine Injury Petitioners Bar Association.  The award recognizes her accomplishments leading the VIP Bar Association from 2017-2018 and was presented to her during the national conference held in Washington DC this week. 

Ms. Toale has more than 15 years of experience as a vaccine injury attorney working in the US Court of Federal Claims.  She’s represented hundreds of people in the Vaccine Court and negotiated a $61 million settlement for a child who experienced a severe reaction to the DTaP vaccine.  

Anne’s other honors include “Vaccine Injury Lawyer of the Year” by Finance Monthly and the 2018 Lawyer Monthy Women in Law award.  

Continue ReadingAttorney Anne Toale Honored by VIP Bar Assoc.

mctlaw Attorneys Involved in VIP Bar Conference

Every year a select group of attorneys from around the country gather in Washington, DC for the annual Vaccine Injured Petitioners Bar Conference.  mctlaw is highly involved in the VIP Bar Association and takes an active leadership role each year.

Attorneys Altom Maglio, Jessica Olins, Isaiah Kalinowski, Anne Toale, Jennifer Maglio, and Diana Stadelnikas all led presentations and discussion before the members of the Vaccine Injured Petitioners Bar Association this week.

The VIP Bar Association is a group of experts in the National Vaccine Injury Compensation Program providing advice and ideas on specific challenges facing vaccine attorneys. There are currently 109  attorneys listed as members of this exclusive legal group from across the country.  Every vaccine injury attorney at mctlaw is an active member and all of our vaccine injury attorneys and paralegals participate in this conference every year.  No other vaccine injury law firm in the country sends as many representatives to this event as Maglio Christopher & Toale, P.A.

Continue Readingmctlaw Attorneys Involved in VIP Bar Conference

mctlaw Helps Train New Vaccine Injury Attorneys

mctlaw attorneys Altom Maglio, Anne Toale and Jessica Olins training new vaccine injury attorneys this week in Washington, DC. at the Vaccine Injured Petitioner’s Boot Camp. 

Every year our entire staff travels to this national conference to teach, present, and lead workshops about representing people in the Vaccine Court. 

Anne Toale’s presentation focused on the differences between “on-table” and “off-table” vaccine injuries.  Jessica Olins discussed the process to file for attorney fees.  mctlaw managing partner Altom Maglio closed the “Vaccine Injury Boot Camp” with his final remarks and advice for attorneys who are new to this extremely complex practice area.  

Continue Readingmctlaw Helps Train New Vaccine Injury Attorneys

Storyline About MoM Hips Featured on NBC Show New Amsterdam

NBC’s newest medical drama, New Amsterdam, took on the metal on metal hip crisis in one of its storylines this week.  The season 3, episode 3 show is titled “Revision”  and follows a construction worker named Vincent who comes to the hospital for symptoms of a heart attack, but it turns out to be cobalt blood poisoning.  

As the doctors try to figure out how he was exposed to such high cobalt metal levels, he tells them he had a hip replacement.  Dr. Helen Sharpe uses a long syringe to remove fluid from Vincent’s hip and discover a mixture of black sludge instead of blood or clear fluid. She instantly knows he’s being poisoned by his own metal on metal hip replacement.  The only cure for his problem is ANOTHER hip replacement to remove the metal parts that are making him sick. 

The next scene pits Vincent and Dr. Sharpe against a group of men in suits from the hip replacement company.  They demand the company pays for Vincent’s medical bills, surgery costs, lost wages, and the cost of a newer, more expensive ceramic hip.  Dr. Sharpe even pushes the hip manufacturers to cover these costs for ALL patients dealing with metal poisoning from their bad hips.  Of course, the orthopedic company officials refuse these terms and the doctor threatens to expose their product on national television. 

Dr. Sharpe’s colleague warns her the powerful medical device company could crush her future as a physician if she takes them on.  During her interview on live national TV, Dr. Sharpe threatens to name the hip manufacturer specifically.  However, after a commercial break, the doctor instead blames the FDA for letting hip replacement companies, in general, get away with selling medical products with almost no testing or government oversight. She calls on the general public to call their representatives and demand change. 

To see the entire episode of New Amsterdam, click on the video below. 

Reality Stranger than Fiction in Metal Hip Cases

Sometimes reality is stranger than fiction.  Thousands of people across the country are in the same position as the fictional character Vincent in this episode.  Hip makers like Zimmer Biomet and Johnson & Johnson with their Pinnacle hips follow a similar script by not taking responsibility for making and selling an implant that can and has poisoned thousands of people.   

That’s why mctlaw attorneys feel compelled to represent people hurt by metal on metal hips.  To learn more about which metal on metal hip makers we are currently litigating against click HERE.

Talk to us about problems with your metal on metal hip replacement

Continue ReadingStoryline About MoM Hips Featured on NBC Show New Amsterdam

10 Signs your Metal on Metal Hip May be Going Bad

If you have a Metal-on-Metal (MoM) hip implant, you may have heard the term “revision surgery” before. But what is revision surgery, and how can you tell if you need it?

Revision surgery is a procedure in which a broken, worn out, or unsafe hip implant is removed and replaced (in whole or in part) by a new implant. Because Metal-on-Metal hip implants have such high rates of failure, hip revisions are a relatively common procedure.

Here, we’ve put together a list of some of the top 10 most common signs that you may need hip revision surgery. If you’ve experienced any of these symptoms of implant failure, you should speak to your doctor and request to get your blood metal ion levels measured as soon as possible.

You feel pain in your hip or pelvic area.

This one might seem obvious, but people often underestimate the importance of listening to your body when it is in pain. Your hip implant should not cause you pain if it is working correctly. If you’re suddenly experiencing pain in your hip or pelvic area during everyday activities, it’s a sign that something could be wrong with your hip replacement. Pain is a symptom of many metal-on-metal implant side effects, such as dislocation, bone damage, muscle damage, pseudotumors, or infection.

You hear squeaking, popping, or clicking in your hip.

In short – anything in your hip that doesn’t feel quite right in your hip is a sign that you might need a new one. You really shouldn’t be able to feel (or hear) your implant. If it is working correctly, it should be a seamless part of your body, just like any other joint. Talk to your doctor if you have any concerns about your hip replacement. Pain, squeaking, popping, or clicking in your hip could be signs that your implant has dislocated, caused bone loss, destroyed muscle tissue, developed a pseudotumor, or some other serious side-effect of metal-on-metal hip implants.

You experience difficulty walking or bearing weight on your hip.

Do you find yourself walking, standing, or leaning in an unusual way to avoid feeling pain in your hip during everyday activities? This is something to bring up to your doctor to see if revision surgery is an option. Problems caused by metal-on-metal hips, like pseudotumors, ALVAL, or infection, make bearing weight on your replaced hip more painful.

You sometimes get a metallic taste in your mouth, particularly in the mornings.

Metal-on-metal hips are made up of multiple metal components, which rub against each other when you walk or move your leg. As this happens, tiny metal particles flake off into your body and bloodstream. If enough metal particles enter your body, serious side effects can occur, such as a type of metal poisoning called metallosis. A symptom of metallosis is a metal taste in your mouth.

You’re experiencing blurry vision and/or color-blindness.

The metal particles released into the body by metal-on-metal hip replacements can have many adverse effects on the body. One of these possible effects is on your vision. Vision loss or color-blindness are both reactions to metal in the blood from a metal on metal hip replacement.

Your hearing has gotten worse, and/or you hear ringing in your ears.

Similar to the vision loss and metallic taste, hearing loss and tinnitus (ringing in the ears) can be caused by excessive metal in the bloodstream.

You’re showing symptoms of dementia or cognitive impairment.

Metal particles in the blood can wreak havoc on the body when levels are high enough to cause metal poisoning. One of the results of metal poisoning due to a metal-on-metal hip is dementia, memory problems, and cognitive impairment. Revision surgery may help stop the progression, so if you show these signs it is best to speak to a doctor about your possibly faulty hip replacement.

Your blood metal ions are high.

Leading orthopedic surgeons recommend that patients with metal-on-metal hip replacements get their blood tested for metal ions every three months. If your levels are too high, it could lead to issues like the ones listed above. If your levels are too high, you should speak to your doctor about revision surgery and if it is right for your situation.

You’re experiencing any or all of the symptoms above.

If you have a metal-on-metal hip replacement and have experienced any of the symptoms above, you should speak with a doctor about revision surgery and if it is an option for your situation.

Even if you aren’t experiencing any of these signs & symptoms – you should still talk to your doctor.

Some people with bad metal-on-metal hip replacements have been recommended to get revision surgeries even when they have not experienced any pain or side effects at all. This is why many leading orthopedic surgeons recommend people with metal-on-metal hip replacements get testing for metal levels in their blood every three months.

Learn more about defective metal on metal hip replacements and the problems they can cause.  If you have a metal on metal hip replacement and believe it may be defective, you should talk to your doctor. Then, contact an attorney about your potential claim against defective hip manufacturers. mctlaw is highly experienced with metal on metal hip cases. Our attorneys filed the FIRST lawsuit in the US against a metal on metal hip manufacturer. Let us review your case at no cost. Call us at 888.952.5242 or get an online case review here.

Continue Reading10 Signs your Metal on Metal Hip May be Going Bad

Maglio to Lead Pinnacle/ASR Attorney Group

Attorney Altom M. Maglio was elected to lead a group focused on the ongoing litigation against Johnson & Johnson over the company’s Pinnacle and ASR metal on metal hip replacements.

The American Association for Justice (AAJ), the primary organization for plaintiffs’ trial lawyers in the United States, recently elected Mr. Maglio Chairman of the DePuy Metal on Metal Hip Implant Litigation Group. Mr. Maglio will help coordinate strategy for AAJ attorneys who are filing lawsuits against J&J’s metal on metal hips.

In 2008 Mr. Maglio filed the first lawsuit in the United States over a defective metal on metal hip replacement. He’s been involved at the highest levels of these cases ever since and brings that experience and knowledge of the medical device industry to the AAJ group.

Johnson & Johnson faces legal pressure over the Pinnacle metal on metal hip implant, despite a 2018 settlement deal. Over the past 10 years, J&J paid out billions of dollars to settle lawsuits involving the recalled DePuy ASR metal on metal hip system, which is similar to the Pinnacle hip.

Maglio’s own national law firm, Maglio Christopher & Toale, P.A. is aggressively pursuing Pinnacle metal on metal hip cases and filing Pinnacle MoM hip lawsuits across the U.S. on behalf of our clients.

The AAJ DePuy Metal on Metal Implant Litigation group will assist attorneys facing Pinnacle and ASR lawsuits with the resources and information they need to effectively represent their clients. 

mctlaw is a national medical product liability law firm with offices in Sarasota, FL, Seattle, WA, and Washington, DC.  It filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008. Additionally, mctlaw’s highly experienced trial attorneys continue to litigate metal on metal hip replacement cases across the country. The Firm represents patients suffering from the effects of heavy metal poisoning from metal on metal hip replacements.

Continue ReadingMaglio to Lead Pinnacle/ASR Attorney Group

mctlaw Attorney Christina Unkel a FIFA Rules Expert

mctlaw’s Christina Unkel is taking a high profile role as a FIFA rules expert on Fox Sports this month.  She’s part of the Women’s World Cup broadcasting team and reports on the sometimes complex rules of the game.  In addition to her position as an attorney at Maglio Christopher & Toale, P.A., Unkel is also an international FIFA referee.  She’s gotten positive reviews for her knowledge and analysis during the World Cup coverage on topics like the Video Assistant Referee (VAR) and predicting the outcome of some controversial calls.

You can watch Christina during World Cup coverage on Fox Sports.

Ms. Unkel practices in the following areas:  Commercial and Construction Litigation, Federal Takings, Rails to Trails conversions.  She is also leading up litigation over the Plantation Golf and Country Club equity memberships.

Continue Readingmctlaw Attorney Christina Unkel a FIFA Rules Expert

Vaccines Could be Stored at Room Temperatures

Vaccines, like many medicines, are finicky.  To stay safe, they need to be stored in very specific conditions.  Give them too much heat or too much light, and they can become ineffective.  The current need to refrigerate vaccines makes them difficult to safely transport and distribute.  Because of this, areas with improper health infrastructure see drastically lower vaccination rates.

In an attempt to make vaccines safer and more accessible, a team of researchers at McMaster University came up with a cheap and effective method for storing vaccines at room temperature.  By preserving the vaccination in something called a “sugar film,” vaccines survive as long as three months at 104 degrees Fahrenheit!

The researchers were thrilled to find that, while testing the higher-temperature “sugar film” treated vaccines on mice, they were just as effective as the refrigerated vaccines.

The McMaster scientists are only one of many groups trying to make vaccines safer, cheaper, and more accessible to people around the world.  For example, last year, a group of researchers managed to genetically engineer a vaccine that naturally kept itself safe at higher temperatures without adding any other chemicals.

Meanwhile, other groups have tried to identify affordable and efficient preservatives that increase the shelf-life of vaccines.  What makes the McMaster research promising, though, is the fact that its ingredients are cheap and already FDA-approved.  This means their “sugar-film” method could be a lot more affordable and easier to implement in the near future.


Continue ReadingVaccines Could be Stored at Room Temperatures