Articles Posted in Products Liability

Gloria Ristesund used Johnson & Johnson’s talc powder products on her genitals for years and she was later diagnosed with ovarian cancer as a result. She had to have a hysterectomy and several other surgeries because of the cancer. The cancer is now in remission. Ristesund was awarded awarded $5 million in compensatory damages and $50 million in punitive damages for Johnson & Johnson’s failure to properly warn consumers about the cancer risks associated with talc powder.

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In this case, General Motors is recalling an estimated two hundred thousand Saab and Saturn cars in the U.S. and Canada to replace the Takata driver’s air bag inflators. The Takata air bag inflators have been known to explode with too much force in a crash and hurl metal shrapnel into drivers and passengers. So far at least ten people have died worldwide and one hundred and thirty-nine have been hurt due to the problem. The recall includes the Saab 9-3 from 2003 to 2011 and the Saab 9-5 from 2010 and 2011 as well as the Saturn Astra from 2008 and 2009. This recall is part of a bigger recall of about 5.4 million vehicles announced last month by U.S. safety regulators.

As of right now, General Motors has no plans to offer loaner cars to people who don’t want to drive their vehicles, according to their spokesman Tom Wilkinson . Tom Wikinason also stated that, “The type of Takata inflators in the GM cars ruptured only in testing and not in the field. Our position is you can continue to drive the cars as normal until repairs are made.” The spokesman for General Motors went on to state that, “The Saab models under recall were sold in other markets including Europe, while the Astra was sold as an Opel in Europe and elsewhere. General Motors global safety team is reviewing data on the inflators in other markets and will respond appropriately.”  The National Highway Traffic Safety Administration announced the most recent of Takata recalls on January 22nd after the death of a man when an inflator ruptured on a 2006 Ford Ranger, and when testing showed four ruptures on a different type of Takata inflator.

The latest round of recalls covers vehicles made by GM, Ford, BMW, Volkswagen, Honda,Mazda, Mercedes-Benz and Daimler Trucks. They bring to about 24.4 million the number of vehicles under recall in the U.S. for Takata air bag problems, affecting fourteen car and truck makers. It’s already the largest automotive recall in U.S. history, and the government expects it to grow. Worldwide, about fifty million inflators are under recall.

Deane Berg’s doctor called her the day after Christmas in 2006 to tell her the news of her cancer diagnosis. She had her ovaries removed and the results came back Deane Berg had stage three ovarian cancer and her prognosis was poor. She had twenty-five years of experience has a physician’s assistant but knew almost nothing about ovarian cancer. When she looked up the risks, she had only one; regular use of talcum powder for feminine hygiene. Continue Reading

Many of you may have heard about a superbug going around that is resistant to antibiotics. What you may not know about it has been linked to medical scopes known as duodenoscopes. According to this case, 500,000 Americans undergo a procedure known as Endoscopic Retrograde Cholangiopancreatography or ERCP every year using these medical scopes and this procedure has been linked to the superbug outbreak also known as carbapenem-resistant Enterobacteriaceae or CRE.

Earlier this week, Carla Warner provided emotional testimony to a U.S. Food and Drug Administration Advisory Panel about the devastating impact that as carbapenem-resistant Enterobacteriaceae or CRE had on her husband, Willie “Bill” Warner. He developed CRE after having an Endoscopic Retrograde Cholangiopancreatography procedure. Warner’s procedure used a widely sold TJF-Q180V duodenoscope, which was produced and sold by Olympus America, Inc. Carla Warner’s testimony about the death of her husband due to CRE was highlighted on the panel.

Beginning in 2010, Olympus redesigned and replaced its TJF-Q160V duodenoscope with the TJF-Q180V duodenoscope. The new 180V model had a sealed section on the device known as the “elevator wire channel.” In lawsuits that have been brought against the Olympus America Corporation after family members have died from infections using the TJF-Q180V duodenoscope, it was complained that bacteria can become trapped in the device’s sealed elevator wire channel. The elevator wire channel on the device is not easily accessed for proper cleaning so it becomes the source for the outbreak of the deadly superbug CRE infections that patients are developing.

There are many medical devices and products on the market that are used to reduce medical complications for people and to help improve their quality of life. Unfortunately, sometimes these devices or products can have defects and cause additional complications or medical problems for many people. If you or someone you know had an IVC Filter implanted and are now experiencing serious side effects or more medical problems as a result, then it is important that you speak to a IVC Filter and dangerous device lawyer with the Higgins Firm. We will listen to your case and determine if you may be eligible for compensation for what you have been through.

IVC Filters are implanted in people who have problems with blood clots. They are used to trap the clots in order to help prevent them from becoming pulmonary emboli. When they were originally marketed, they were permanent implants. However, over the last ten years, they were redesigned so that they could be retrievable, which means that the doctor could implant them and take them out at a later date. These retrievable filters were marketed first in 2003. One of the makers of these filters that is now facing lawsuits is C.R. Bard, maker of the Recovery, G2 Filter and Eclipse; and Cook, which makes the Celect and the Gunther Tulip.

According to a study from the Journal of Vascular Interventional Radiology, after five and a half years, forty percent of people who have a retrievable filter have experienced some type of fracture in the filter. Other side effects could include the filter moving, titling or perforating and these side effects can cause perforation of organs or vessels next to the filter. A fracture in the filter could travel to the patient’s heart, which can result in death of the patient or the need for open heart surgery to remove the fractured filter. Another study in the JAMA Internal Medicine discovered that many retrievable filters are actually left implanted permanently . That study discovered that of six hundred and seventy-nine retrievable filters implanted from August 1, 2003 to February 28, 2011, at Boston Medical Center, only fifty-eight were s removed with success and seventy-four people suffered a thrombotic event after filter placement.

We rely on our vehicles to be safe and reliable so they can get us where we need to go each day. Unfortunately, sometimes vehicle tires will have defects and problems which can lead to car accidents and even severe or life-threatening injuries. The National Highway Traffic Safety Administration reports that an estimated eight thousand accidents each year that lead to severe injury or death are caused by tires that had defectives that caused them to fail. If you or someone you know were involved in a car accident that you believe was caused by a defective tire or other car problem, then you should speak to a Tennessee car accident and defective product lawyer with the Higgins Firm. We will review your case and work with you to make sure that you get the compensation you may be entitled to by law for the injuries you have suffered.

The Discount Tire and America’s Tire stores are recalling almost 80,000 light truck and SUV replacement tires because the tread can separate. The chains started this recall because Discount Tire stated that it noticed premature separations on Pathfinder tires in February and started testing them. It found that the rubber coating between the two steel belts in the tire wasn’t thick enough. If the steel belts crack, the tread could separate, increasing the risk of a crash.

The tires effected by this recall include Pathfinder tires that were made between August of 2013 and May of 2015. The tires with the defect were not sold after May 19th. The stores will notify owners of these tires and either offer them replacement tires for no charge or offer other refunds. Discount Tire stated that there are no reports of deaths or injuries due to the defect. The recalled was posted by the National Highway Traffic Safety Administration.

According to a recent lawsuit, the plaintiff alleges that due to a faulty robotic surgery performed in 2011, by an improperly trained surgeon, she has suffered from tremendous pain and injuries including an anastomotic leak and a rectovaginal fistula, which she needed additional surgery in order to fix the problem. The plaintiff also claims that the da Vinci Company knew about the risks and injuries associated with robotic surgery but did not properly warn patients about the dangers involved. According to her claims, Intuitive Surgical Inc, the producer of the da Vinci Surgical System told surgeons that they would no longer be competitive if they did not perform surgeries using the da Vinci Surgical System.

You can watch an interview on the case here:

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The people of Tennessee as well as many people all across the country have heard reports about problems with hip implants causing pain and other serious side effects. Many people with these Stryker hip implants may also have needed additional surgery to correct the problems. If you or someone you know has recently had a Stryker hip implant and then experienced pain and problems as a result, then you should speak to a Tennessee personal injury and Stryker hip implant lawyer as soon as possible. They will hear your case and see to it that you get the compensation that you may be entitled to.

You can watch a recent interview about these lawsuits below:

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The people of Tennessee as well as many people all across the country have heard reports about problems with hip implants causing pain and other serious side effects. Many people with these Stryker hip implants may also have needed additional surgery to correct the problems. If you or someone you know has recently had a Stryker hip implant and then experienced pain and problems as a result, then you should speak to a Tennessee personal injury and Stryker hip implant lawyer as soon as possible. They will hear your case and see to it that you get the compensation that is rightfully yours.

Stryker hip lawsuits that were filed following the 2012 recall of Rejuvenate and ABG II Modular-Neck Hip Stems continue to grow in United States courts, a coalition for the public’s interest is insisting that the Food and Drug Administration take action that would encourage the development of medical device registries in the United States. Several healthcare organizations, including, the Blue Cross and Blue Shield Association indicate that device registries in other countries have been very helpful in helping to make people aware of the safety concerns with metal hip implants emerged in the last several years. The coalition states that these examples show how medical device registries help the public and post market surveillance activities in the United States as well as in other countries.

Medical device registries can be a useful tool in helping to track the performance of hip implants and other similar medical devices that may be at a higher risk for safety concerns. This will help to reduce recalls like the Stryker hip recall. Following the removal of Rejuvenate and ABG II stems from the market in 2012, over 3,700 Stryker hip implant lawsuits have been filed for people claiming to have suffered injuries from the devices. These cases claim that the Rejuvenate and ABG II stems had a defective design and were improperly tested prior to being put on the market. The claims also state that metal debris caused by the devices can lead to severe injuries such as metallosis, osteolysis, chronic pain, and failure of the hip. These injuries can make additional surgery to remove the defective implant necessary.
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More than three years after removing their defective ASR metal-on-metal artificial hip implants from the market, Johnson & Johnson and its subsidiary, DePuy Orthopaedics, are currently in talks to begin settlement negotiations. According to sources, J&J is discussing the possibility of paying more than $300,000 per case in order to settle the nearly 11,500 product liability lawsuits. This would result in J&J paying over $3 billion in total to resolve the dispute.

Such a settlement is, however, contingent on the outcome of several lawsuits currently pending. Seven trials scattered across five states are scheduled to occur before January of next year. While two verdicts involving the ASR devices have already been reached this year, the two juries reached different conclusions. A jury in California found that the ASR device was defective in design and awarded an $8.3 million verdict to the injured plaintiff. However, less than two months later, a Chicago jury found in favor of J&J, declining to hold the company liable for any harm. In addition to these seven pending suits, 8,000 federal cases have been consolidated in multidistrict litigation in the Northern District of Ohio, and 2,000 cases are pending in the California Judicial Council Coordinated Proceeding.

Despite the numerous claims, J&J and DePuy have never accepted responsibility for selling a defective product. The ASR devices-the ASR XL Acetabular System and the ASR Hip Resurfacing System-were placed in the market in 2005. Before their recall in 2010, more than 37,000 of the chromium and cobalt metal implants were sold in the United States. Patients who used the device have complained of severe pain and a condition called metallosis, both caused by the release of toxic metal debris into the hip joint. Metallosis is characterized by a harmful increase of metal ions in the bloodstream and tissue death. Some medical studies have linked the condition to cancer.
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