Articles Posted in Products Liability

If you or a loved one experienced complications resulting from an Exactech knee replacement, you could be entitled to compensation.

Exactech is a medical device manufacturer that produces metal-on-metal hip and knee replacement products. These products have been linked to a number of serious health complications, including metallosis, tissue death, and knee replacement failure and have been used by orthopedics Nashville and throughout Middle Tennessee

Patients who have suffered complications after receiving an Exactech knee replacement may be able to file a lawsuit against the company. If you or a loved one has been affected by an Exactech knee replacement, contact a qualified attorney today to discuss your legal options.

If you have watched any TV in the past few months you have seen a commercial or new story about Camp Lejuene Lawsuits. So what is it? I thought we could discuss what this litigation is about, why we are hearing so much about it now and what to do if you have been impacted. So here are those questions with a couple of brief answers:

1. WHAT ARE THE CAMP LEJUENE CLAIMS AND LAWS WE ARE HEARING SO MUCH ABOUT?

Two major baby formula manufacturers are being sued by parents whose premature infants became very ill or died from flawed baby formula produced by major manufacturers Similac and Enfamil. The lawsuit alleges that these manufacturers knew that the ingredients in the formulas might make premature babies very sick but failed to disclose this information to parents.

Under Tennessee’s product liability laws, failure to post an adequate warning label and failure to notify the parents about possible complications for premature babies violates statute §63.8 Duty to Warn – Time of Sale. The manufacturers are being held liable for the injuries sustained by the babies and pursued in cases of wrongful death.

The Higgins Firm is representing families affected by these defective products.

In 2018, a judge for the Department of Justice ordered 3M to pay $9.1 million in damages to veterans who were injured after using their dual ended Combat Arms Earplugs (CAEv2).

For a free case review with a 3M defective earplugs lawyer Nashville, TN has to offer, please call The Higgins Firm right away.

According to the U.S. Department of Veterans Affairs, hearing loss, tinnitus, and other hearing problems is the most prevalent “service connected” medical condition among veterans. As of 2017, at least one million U.S. military veterans were receiving disability for hearing loss. Another 1.6 million U.S. military veterans were receiving disability for tinnitus. It is thought that both of these numbers are much higher, but some veterans have not yet noticed, or reported, their symptoms.

A San Francisco jury ruled that the most popular weed killer in the world, Roundup, caused a former schoolteacher, husband, and father of two to become terminally ill with cancer.

Dewayne Johnson’s case was the first to go to trial, and was expedited, because doctor’s had said he wasn’t expected to live long. In California, plaintiffs near death can be granted a speedy trial. His victory is likely to set a precedent for thousands of other cases who claim the herbicide made by Monsanto causes a deadly, painful form of cancer known as non-Hodgkin’s lymphoma.

The jury deliberated the case for three days at the San Francisco Superior Court before choosing to award Johnson $250 million in punitive damages and $39 million in compensatory damages. Johnson’s lawyer says he will live the rest of his life in “extreme comfort”, but this won’t change the fact that he will almost certainly lose his life, and very soon, leaving his two sons and wife.

Earlier this year a father was being accused of of child abuse by Child Protective Services. They alleged that between December 2017 and January 2018, his sustained unexplained broken bones including a fractured femur and wrist. The boy’s father claims no abuse had taken place, and that he had been caring for his 10 year old son for years since his mother left.

The boy has cerebral palsy and a number of other medical problems. He uses a wheelchair, is non verbal, but very happy. He also uses a feeding tube and has been prescribed an amino based acid food called Neocate Formula. He consumes nothing but this dietary food supplement. As CPS was looking into the case, the boy’s father remained determined to find out the real reason why his son was experiencing sporadic fractures. Eventually he discovered a link in legal advertising which described the potential for unexplainable broken bones, sprains, or fractures while taking Neocate Formula. Upon further testing, it was discovered that the boy also had hypophosphatemia, a disorder that results in dangerously low phosphate levels which can cause broken bones, fractures, and rickets.  The father went immediately to CPS and explained that the injuries were the probable result of the low phosphate levels.

This case is not unique. Throughout the U.S. there are parents who have been wrongfully accused of child abuse after their child suffered broken bones while taking Neocate Formula. In this case, the investigation was closed and accusations against the father were dropped.

Three people who said the antipsychotic drug Abilify caused them to engage in compulsive gambling have reached a settlement for undisclosed amounts. The cases were considered to be bellwether, multidistrict litigation, and scheduled for trial in June. The District Court has ordered the defendants, Bristol-Myers Squibb Co., and Otsuka Pharmaceutical Co. Ltd., to pay the claimant’s within 30 days. In turn, the Plaintiffs must execute a full release which will result in a dismissal of the case trial. Continue Reading

On March 18, 2018, Elaine Herzberg, 49, was struck and killed by a self driving Uber car. The Tempe resident had been crossing the road with her bicycle when the automobile driven by a robotic computer failed to stop before hitting her head on.

At first Tempe police said Herzberg was at fault. Their report stated that she had come “from the shadows” stepping off the median and into the road. Herzberg was jaywalking with her bike and ended up in the path of the vehicle. Legal experts monitoring the case have already said that Herzberg will likely be criticized for jaywalking and also for being homeless with a criminal history. They have also been quick to follow up these criticism by explaining that Tempe is not bicycle or pedestrian friendly meaning jaywalking is absolutely necessary to cross the street. Furthermore Herzberg was actively trying to get her life back on track.

The self driving Volvo XC90 Uber car did have a safety driver behind the wheel.  Video footage shows  Rafaela Vasquez  looking down rather than onto the road. Her hands were not on the top sides of the steering wheel as recommended by Uber. Vasquez was also not a professional driver and had a history of driving offenses,  although they were not enough to disqualify her from the position. If the case is prosecuted, she is likely to come under intense scrutiny. Vasquez has not been charged.

A Tennessee man, with the help of a medical malpractice lawyer, filed a complaint on August 17, 2017 against the medical conglomerate Howmedica Osteonics (d.b.a. Stryker Orthopedics) and Stryker Corporation –  one of the world’s foremost medical technology companies. The man claimed he experienced severe injuries after being fitted by a Stryker LFIT femoral head hip implant. His lawyer is currently building the defense and the case is pending in the United States District Court.

 

The claim details the how the main was implanted with the popular Stryker Accolade TMZF hip stem as well as the LFIT anatomic CoCr V40 femoral head back in March of 2014. The surgery was performed at the well known Centennial Medical Center in Nashville, Tennessee. Continue Reading

Breast cancer is one of the most common cancers amongst women, and according to the American Cancer Society as many as one in eight women will develop breast cancer over the course of their life. The American Cancer Society estimates that in 2017 there will be 252,710 new cases of invasive breast cancer. Fortunately, modern medicine and advanced surgical techniques help hundreds of thousands of these women beat breast cancer.

A widely used medication in the fight against breast cancer is the powerful chemotherapy drug Taxotere. While this medication has been shown to be effective in treating breast cancer, it also comes with the risk of total and permanent hair loss. However, despite the effectiveness of this medication, it has been associated with total and permanent hair loss, which for many women is a constant and unwelcome reminder of their struggle.

Many women who lost their hair after taking Taxotere were not warned of this potential side effect. If you have suffered hair loss due to Taxotere usage, contact a distinguished personal injury attorney about your case. Speaking with an attorney can have a positive effect in the Taxotere hair loss side-effect hurting thousands of women.

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