Articles Posted in Products Liability

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Tennessee residents and people all across the United States have heard about the Stryker hip implant recall from the news, television, the internet or some other source. Many people have also been personally affected by these hip implants and may have needed additional surgery to replace the defective hip implant. Hip implants and other types of medical devices like them are typically needed for people who suffer from arthritis or massive bone fractures.

In this case, Richard Lynn Torbett claims that after receiving the Rejuvenate hip device, he suffered serious injuries, which required him to need a revision surgery in order to correct these problems. During the surgery, his doctors discovered that he had a deep pocket of swelling around his joint. He also had a large amount of fluid swelling around the joint, and finally, had fretting and corrosion around the joint as well. The release of cobalt and chromium from the fretting and corrosion also caused him to suffer damage to tissue around the medical device and elevated blood serum levels of cobalt and chromium. He will continue to need medical treatments, rehabilitation, and medicine because of these injuries.

He seeks to hold Stryker Orthopedics liable for his medical expenses, pain, and suffering, and seeks in excess of $75,000 in damages.

The Stryker Company released the Rejuvenate hip implant in February 2009. Stryker claimed that the titanium alloy used in the device was stronger than other titanium alloys, and had been tested and proven to resist the effects of fretting and corrosion.
The device was also marketed as providing options that enhanced stability and intra-operative flexibility, providing surgeons with more options to better personalize the implant to a patient’s unique anatomy.

In April 2012, Stryker released an urgent safety notice to surgeons and hospitals in the United States. In the notice, the company stated that it had received reports of premature Rejuvenate device failure because of heavy metal contamination. The notice specifically mentioned failures occurring at the neck junction between the two-part neck and stem, due to fretting and corrosion. This was exactly the same fretting and corrosion that Stryker had warranted would not occur because of the Rejuvenate design and composition.

Stryker stated that these issues could cause tissue necrosis (tissue death), metallosis, adverse soft tissue reactions, and the formation of pseudotumors (deep pockets of swelling). In July 2012, the company issued a voluntary Stryker hip replacement recall of all Rejuvenate and ABG II modular stems, stating the components had been linked to reports of premature failure due to heavy metal fretting and corrosion.

Many medical devices and implants like the Stryker hip implants are designed properly and are very effective and beneficial to patients in helping them to lead fulfilling and active lives. However, sometimes medical devices do have defectives and problems. When this occurs, it is necessary to hold the company responsible for any design defectives that may have caused the problems as well as their failure to properly warn doctors and patients about the potential risks involved. It is important to hold them accountable for any negligence on their part.
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In Tennessee and all across the country and even the world, we have all heard reports about the Depuy hip implant recall and metal on metal hip recalls. The original Depuy hip recall occured in August of 2010. Since then, many people have experienced pain and problems and even needed additional surgery to fix or replace their implants. If you or someone you love have had pain or hip problems since your implant and think you may have a Depuy hip implant, you should talk to a Tennessee hip implant recall lawyer right away. They will hear your case and work with you to make sure you get the compensation you deserve.

In the first hip recall case to go to trial, a jury on Friday, March 8th, 2013, found that the hip implants were defective, but that DePuy did not act with fraud or malice. DePuy was ordered to pay more than $338,000 in medical costs and $8 million for pain and suffering to plaintiff Loren Kransky. No punitive damages were awarded. Another case involving a lawsuit filed by a retired prison guard suffering from kidney cancer and other ailments, states that this verdict bodes well for this case as well as other cases, while DePuy said it would appeal.

Jeff Jonas, an analyst for Gabelli & Co, stated that Johnson & Johnson unit will eventually offer a national settlement, under which thousands of hip plaintiffs would likely take what is offered rather than face years of litigation and appeals. The recall of the Depuy hip implants began in 2010, prompted by recognition that the devices were failing at higher-than-expected rates. Some 93,000 ASR hips were sold prior to the recall.

Loire Gawreluk, a spokeswoman for DePuy stated that, “We believe ASR XL was properly designed, and that Deputy’s actions concerning the product were appropriate and responsible.” She also stated that, the planned appeal will be based on grounds including the fact that the court did not allow the company to tell the jury that the U.S. Food and Drug Administration had reviewed the device and cleared it for sale.

In Loren Kransky case, it has been stated that, “the jury’s decision is the first day of reckoning for DePuy and Johnson & Johnson … We expect to get punitive damages in the next trial.” The case claimed that the ASR hip resulted in elevated levels of cobalt and chromium in Kransky, causing him pain that required the hip to be replaced. The J&J lawyers that there is no medical consensus on what levels of the metals may cause harm to patients and said Kransky’s other medical problems, including diabetes, heart disease, and kidney cancer, were the source of his pain and suffering.

Another hip implant trial in Illinois state court starts on Monday March 11, 2013. Two cases in federal multi district litigation are set for trial in May and July in Ohio.
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In Tennessee as well as all across the country, people expect that when they buy products especially for use by their babies and infants that these products will be sturdy and safe to use. Unfortunately, however, some products have defective parts that can cause serious injury or in death when used. If you or someone you love has experienced personal injury or died after using a defective consumer product, then you should speak to a Tennessee product liability lawyer right away.

According to the Consumer Product Safety Commission, four national retailers have recalled over 150,000 Nap Nanny Baby recliners following the deaths of five infants and reports of children nearly falling out of the recliners. This recall includes Nap Nanny Generations One and Two, and the Chill model infant recliners sold between 2009 and 2012. The Nap Nanny was originally designed to mimic the curves of a baby car seat. It elevated the head slightly to help reduce reflux, gas, stuffiness and other problems.

The Consumer Product Safety Commission warned parents and caregivers that the Nap Nanny contains defects in its design, warning, and directions. They stated that the product poses a substantial risk of personal injury and death to infants. Amazon.com, Buy Buy Baby, Diapers.com and Toys R Us and Babies R Us agreed to voluntarily participate in the recall of the Nap Nanny because its manufacturer is unable or unwilling to participate. The maker of the product, Baby Matters LLC has gone out of business but before it did, the company stated that they did not believe the complaint had merit and its product was safe if the instructions were followed.
The first two versions of the foam recliner were recalled in July of 2010 after the Consumer Product Safety Commission learned of one death and twenty-two reports of infants hanging out or falling over the side of the Nap Nanny even though most of the infants had been placed in the recliner’s harness. Following these recalls, the agency learned of four more deaths. Four of the deaths were connected to the first versions of the recliner, and one to the newer model.
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There has been several residents in Tennessee suffering from apparent defective Stryker hip implants. Currently there are a significant number of Stryker recall lawsuits that continue to move forward. The Supreme Court in New Jersey is currently considering a request to consolidate litigation in New Jersey for all of the Stryker Rejuvenate lawsuits filed in the state. November 30th of 2012 was the last day the Acting Administrator of the Courts would accept comments or objections to the request.

According to the Stryker hip recall, the company announced its recall of the Rejuvenate and ABG II Modular Hip Stems on July 6, 2012, due to a potential risk for fretting and corrosion at the modular-neck junction. As much as 20,000 people have been affected by the implants that were sold before the recall. According to Stryker the Rejuvenate and ABG II Modular Hip Stems could develop adverse local tissue reactions which could result in pain or swelling for the people with the implants.
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Last year our Tennessee legislature passed a tort reform bill under the by arguing that it would stop frivolous lawsuits. However, the unfortunate truth is that it really does nothing to stop frivolous case. To the contrary it will just limit the recovery of tragic cases. This ugly truth is generally limited to only families that are impacted by the law but that will soon change. There is no doubt that the spotlight will soon be on Tennessee when litigation begins to determine how the fungal meningitis cases began and when the families try to obtain financial help for the devastating losses they suffered. What will also become apparent is that all these families will be limited to $750,000.00 in non-ecomic damages. An amount that our legislate thinks is fare no matter how great the suffering.

I was recently interviewed about the current status of these cases and the impact of tort reform. You can watch the interview below:


 
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In Tennessee and all across the country, people except that when they go to the hospital to have certain medical procedures performed that the medical devices used will help them to feel better and help them to lead a better life. Unfortunately, some medical devices are defective and this can cause pain and further injury for many people. If you or someone you know has had to have a transvaginal mesh device implanted and are now experiencing pain, problems and additional injuries as a result, then you should talk to a Tennessee transvaginal mesh lawyer right away. They will hear your case and see to it that you get the compensation you need for what you have suffered.

According to this lawsuit, a Tennessee woman was implanted with the Bard’s Avaulta Plus Anterior BioSynthetic Support System and the Advantage Fit System in October 2009 to treat her pelvic organ prolapse and stress urinary incontinence. After this procedure, she suffered painful injuries allegedly caused by transvaginal mesh implants. The lawsuit alleges that the transvaginal mesh implants pose an unreasonable risk of vaginal erosion which means that the mesh moves out of its original place. When this occurs, it can cut through the tissue and damage nearby organs such as the bladder or colon. This lawsuit claims that the mesh caused an infection and chronic pain.
The Food and Drug Administration in October of 2008 issued a public health warning related to transvaginal mesh after receiving an estimated one thousand complaints of complications caused by the devices. The warning stated that the side effects were serious but rare. After making this announcement the FDA received 2,874 more reports of complications with the devices. In July of last year, the agency updated their warning stating that the side effects were not rare and that there is no evidence that transvaginal mesh has any benefits over non-mesh methods used to treat pelvic organ prolapse. The Safety Communication has stated that the most common and most serious side effects include: erosion, pain, infection, bleeding, painful sex, organ perforation and urinary problems.
This case is just one of several cases pending multidistrict litigation against C.R. Bard.
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It is unsettling how something as seemingly as innocent as microvwave popcorn may be very dangerous. In a recent case, Wayne Watson who ate two bags of popcorn each day for seven years filed a lawsuit against the parent company of the supermarket chain King Soopers and the producer that supplied the popcorn, claiming that years of inhaling the butter flavor aroma in the microwave popcorn damaged his lungs. He alleges that the butter flavoring in the microwave popcorn contains chemicals that vaporize when heated and inhaling this vapor can be linked to severe damage of the respiratory system.

According to the U.S. Centers for Disease Control, employees at microwave popcorn plants developed obstructive lung disease. Lung biopsies from those employees have shown constrictive bronchiolitis obliterans, condition in which the smallest airways in the lung become scarred and constricted, blocking the movement of air. Symptoms include coughing, wheezing and shortness of breath. The condition is irreversible.

Watson began his diet of microwave popcorn in 2001 and stated that by the time he filed the lawsuit, in 2008, he was suffering from severe, permanent and progressive lung and respiratory system damage. The lawsuit revealed that the defendants, including microwave popcorn maker Gilster-Mary Lee Corp., were aware of research linking butter flavoring to lung and respiratory system damage. The jury awarded Watson $2.27 million in actual damages and $5 million in punitive damages.

In Tennessee and all across the United States, people face all kinds of injuries. Some of these injuries may be from defective drugs or products, exposure to certain materials or chemicals or even from automobile accidents. Often these cases arises from exposure in the workplace. Whatever the case, when you have been personally injured and this injury affects your life on a long term basis, then it is important that you speak to a Tennessee workers compensation lawyer as soon as possible. They will hear your case and see to it that you get the compensation you need for what you have been through Continue Reading

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In Tennessee as well as all over the United States, people have heard about and may have even been affected by the complications involving a procedure using transvaginal mesh. These complications have resulted in pain, problems, and even additional procedures to fix the problem for many patients. If you or someone you love has experienced pain or problems after having a transvaginal mesh procedure, then you should talk to a Tennessee injury lawyer as soon as possible. They will hear your case and help to determine if you are eligible to receive compensation.

The Food and Drug Administration have determined that he placement of surgical mesh through the vagina to treat pelvic organ prolapsed and stress urinary incontinence may present greater risk for the patient than other non-mesh procedures. According to their findings, reported complications from the transvaginal placement of the mesh include erosion of the mesh into the vaginal tissue, organ perforation, pain, infection, painful intercourse, and urinary and fecal incontinence. Women often require additional surgery to have the mesh removed. The FDA has recently updated its safety warning about the mesh to medical professionals as well as patients.
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Tennessee residents as well as people all over the United States have heard reports about the dangerous side effects that can result from using the blood thinning medication Pradaxa. Many people may have also been personally injured by these side effects. If you or someone you care about has severe and even life-threatening injuries after taking Pradaxa, then it is highly recommended that you speak to a Tennessee Pradaxa lawyer right away about your claim.

Nashville cardiologists are speaking up about their knowledge and opinions concerning the medication Pradaxa. Dr. Keith Churchwell, executive director of Vanderbilt’s Heart and Vascular Institute, states that the medication’s blood thinning effects occur faster with Pradaxa than other medications. He also says that, Pradaxa requires fewer exams and less diet restrictions than other medications. Finally he states that, “The big reason there’s been a slow response to putting more patients on Pradaxa is because of the significant bleeding. Right now, we don’t have a good mechanism to reverse it.”

Dr. George Crossley, who leads the cardiology program at Baptist Hospital, stated that he and his team were among the first people to test Pradaxa and he feels that the medication is a remarkable improvement compared to the medication Coudamin. Crossley also cited a study from a New England Journal of Medicine which concluded that Pradaxa is just as effective and safe as Coudamin.

Pradaxa Product liability lawsuits involving many people across the country including people from middle Tennessee are claiming that Pradaxa did not properly warn patients that the internal bleeding side effect could not be reversed.
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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.

The Stryker Hip implant company’s latest recall took place on July 6, 2012 and involves the Rejuvenate and ABGII modular-neck stem devices which are parts used in all metal hip replacements. A new series of lawsuits is expected with this latest recall. In lawsuits like these, a patient’s medical history must be considered as well as the severity of the injury, and the link between the injury and the product that has been used. These factors must be considered carefully or a person may lose compensation in their lawsuit or their settlement. The amount that a person may be entitled to for their Stryker hip implant injuries may be determined by past and future medical costs, out of pocket costs, disability, as well as pain and suffering of the patient.

A jury may also decide to award punitive damages in some cases. These damages are intended to punish specific conduct on the part of the company who made the product. Punitive damages are usually only awarded in cases of serious misconduct by the company or defendant in question.
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