Accident and Injury Lawyer Blog

The fight continues on medical malpractice caps in Oregon.

A toy manufacturer will recall 7,000 Mexican made packs of Super Luchamania Action Figures due to high levels of lead paint. The U.S. Consumer Product Safety Commission discovered that the surface paints on the figures contained levels of lead that exceeded federal standards.

There have been no injuries reported. Of course, a child who suffers a brain injury from lead paint does not have immediate symptoms anyway. No lead paint. No lead paint. Isn't this a simple rule we can get right?

The Judicial Panel on Multi-District Litigation has consolidated over 100 federal lawsuits involving Actos. Plaintiff's lawyers have alleged in these lawsuits that they have developed bladder cancer from the use of Actos. The Actos MDL (which is a class action for discovery purposes) will consolidate all Actos lawsuits around the country in the Western District of Louisiana.

Actos (Pioglitazone) is prescribed to treat type 2 diabetes. Pioglitazone is in a class of medications called thiazolidinediones, and works by increasing the body's sensitivity to insulin. Actos is taken orally, typically once a day. Actos is approved as an adjunct to diet and exercise, to improve glycemie control in patients with Type 2 diabetes (non-insulin-dependent diabetes mellitus). Actos is also used in combination with a sulfonylurea, metformin, or insulin when diet and exercise is unable to get a patient's glycemie under control. Plaintiff's lawsuits allege that taking Actos has caused them to get bladder cancer.

If you are considering an Actos bladder cancer lawsuit, you can find more information on bringing a claim here.

A Plaintiff's attorney in Texas has filed a wrongful death suit on behalf of the estate of a woman that was murdered.

These claims are not uncommon and they are a great way for plaintiffs' lawyers to add million dollar verdicts to their resume. There is only one caveat: very rarely do they get a single penny for their clients because the defendants are not in a position to pay out a verdict.

This Texas case adds a new and I think bizarre wrinkle: the claim is not only against the murderer but his parents and his 92-year-old grandmother. Adding to the insanity, the murderer was a Dallas personal injury lawyer.

The Plaintiff's lawyer also made what I think were odd comments: "You don't see it often, but unfortunately I don't have the liberty to discuss the facts we have to support our allegations, but we do have a basis to bring all of the claims we've brought," the lawyer says, referring to naming the murderers' parents and grandmother as defendants.

Not at liberty? Why? You have filed a lawsuit.

So we have a personal injury lawyer who is a murderer, whose 92 year-old grandmother is being sued for the murder he committed. It sounds like something personal injury claims tort reform advocates made up.

Continue reading "Personal Injury Lawyers Not Helped by This" »

CareFusion is updating their recall of the Nicolet Cortical Stimulator Control Unit, Nicolet C64 Stimulus Switching Unit (SSU) Amplifier, and the NicoletOne Software with Cortical Stimulator License. The recall, originally made in October 2011, affects 125 devices and 58 software licenses that were distributed to 38 customers between May 7, 2009 and July 11, 2011. The recall has no effect on the manufacture or distribution of current products.

In October 2011, an urgent Medical Device Recall Notification was issued to customers advising that a potential risk had been identified in the Cortical Stimulator Control Unit, SSU Amplifier and related software applications. The units affected by the recall have the potential to develop a short circuit, and affected software licenses may display or capture the incorrect electrode annotation label on the unit screen and in the associated report.

• Recent Medical Device Recalls
• 2011 Medical Device Recalls
• 2010 Medical Device Recalls
• 2009 Medical Device Recalls
• 2008 Medical Device Recalls

A federal judge in Colorado issued an opinion protecting the integrity of the Collateral Source Rule in Colorado, finding that a personal injury victims' Medicare lien is inadmissible at trial in a police brutality case.

• Origin of the Collateral Source Rule in Maryland
• Lost Wages and the Maryland Collateral Source Rule
• Collateral Source in Minnesota (A rule that differs from Maryland)
• Collateral Source Rule Under Attack in Indiana

Tragically, hours after having purchased alcohol at a local market, a teenage girl was killed in an alcohol related crash. The driver, also a teen, was arrested for allegedly driving under the influence of alcohol.

Also under arrest? Two adults...and they are facing possible criminal charges of furnishing alcohol to a minor. The first is the clerk of the local market who sold alcohol to the teenager. The second is the mother of a friend of the deceased, who accompanied the teen into the market when she purchased the alcohol.

In this area of the state, a program known as TRACE (Target Responsibility for Alcohol Connected Emergencies) has conducted hundreds of alcohol investigations during the past eight years. It is that type of investigation that lead to the determination that these two supplied alcohol to the girl. What were these people thinking? Do they not know about the program? Do they think this was going to be swept under the rug? A young girl has died for goodness sake. How tragic.

My thoughts on the dram shop laws are here.

A wrongful death lawsuit filed by the widow of a bus driver has come to a close, a month before it was scheduled to go to trial. The terms of the settlement are unknown.

The facts here are sad, as the accident could have completely been avoided. The story goes that a bus driver was traveling with a bus load of people when it struck a tractor-trailer that had overturned on the interstate. The driver was killed instantly, while 29 passengers were taken to the hospital.

The lawsuit accused the tractor-trailer driver of failing to use flares or emergency triangles to warn drivers that his truck was partially blocking the highway. The driver's employer was also named in the suit, alleging that the employer hired the driver with the knowledge that he had multiple traffic citations in his past.

The defense maintained that the driver of the tractor trailer, who had been driving for 11 straight hours, wasn’t able to set flares or emergency triangles because he was still trapped in the tractor trailer. The driver claimed to have swerved to the left to avoid deer on the highway, though an investigation showed that two troopers walked the area, but did not find any tracks in the snow.

Several passengers have also filed lawsuits, in which some have stated that the bus driver was driving too fast for the road conditions and appeared distracted during the drive.

Of note, the tractor-trailer company is no longer in business.

11,000 desk chairs are being recalled

Steelcase Inc. is recalling the Amia desk chair as it has been discovered that the pivot pins installed in the control mechanism under the chair seat can fall out, posing a fall hazard to the user.

This recall affects the model 482 Series Steelcase Amia desk chairs that were manufactured in the United States between March 1, 2011 and June 6, 2011. The model number and manufacture date of the affected chairs are printed on a label on the underside of the chair seat.

Consumers should immediately stop using the chairs and contact Steelcase to receive adhesive covers to apply over the pivot pins on their chairs.

I don't know how many injuries there have been. I wish when the feds sent out these reports there was a comments section that said things like, "Maybe this recall was unnecessary, I don't know" or "Man, this thing is awful. It is going to kill people and I can't believe these idiots built this thing like this." Unrealistic, sure, but a lot more informative for readers.

Nearly 300,000 Mini Coopers are being recalled after makers detected an electrical fault which could lead cars to catch fire. The recall affects approximately 30,000 vehicles in Britain and 235,000 worldwide.

Safety checks have revealed a problem which can cause the water pump to fail, potentially causing the car to overheat. The recall relates to two models – the Mini Cooper S and the Mini John Cooper Works, manufactured by German car maker, BMW.

Amazingly, a spokesman has insisted that the vehicles remain safe to drive, as there is a "very low incidence" of the fault. He goes on to say that "In more extreme cases, it could create a heat build-up in the wiring and some smoldering," and that "Potentially it could cause a fire".

Really? Low incidence or not, I don't want to be part of the "very low incidence" and driving the one vehicle that does catch on fire.

Owners will be issued with a recall notice in the next few weeks and are being encouraged to "simply" go to the dealer and have it fixed.

Honestly, I didn't like these cars before I heard about this recall.

Smith & Nephew knee replacements are failing at an unacceptable rate

Our lawyers are investigating knee replacement lawsuits against Smith & Nephew. These knee replacements have been on the market for some time. The reason for the lawsuits is simply: the Smith & Nephew knee replacements are simply failing at an unacceptable rate. These were supposed to be knee replacements that would last for 10 to 20 years. Patients who have these devices implanted may be entitled to revision surgery, medical expenses, lost wages and pain and suffering damages. If your knee failed and you think you have a potential knee replacement lawsuit, call 800-553-8082 or get a free on-line consultation.

Smith & Nephew

Smith & Nephew is a company that started with a pharmacy in England in 1856, eventually growing into an international company that develops orthopedic medical devices, wound-care treatments, and endoscopy devices. Smith & Nephew is no stranger to defective knee implants—in September 2003 it recalled its cementless Oxinium Profix II and Oxinium Genesis II knee implants, which had a tendency to come loose and require corrective surgery.

Defective Knee Replacements

The American Academy of Orthopaedic Surgeons conducted a study evaluating 36 devices implanted in 32 patients from January 2008 to January 2009. Eight patients had persistent knee pain well after the surgeries, and only 19% of patients were completely pain-free. Those patients with significant problems had the surgery redone in the form of a total knee replacement. During that second surgery, the baseplate was found to be loose or fractured in all patients. The AAOS reported:

Implantation of the Deuce BKA provides unreliable pain relief and functional results. A survival rate of 86% at 21 months is unacceptable in comparison to reported results of TKA. We report one catastrophically failed device in our series of 36 cases.

Defective Parts

• Smith & Nephew Journey-Deuce Uni Tibial Baseplates: Recalled in 2010 (40,000 units recalled)

The baseplate (circled in red) rests on the tibia (the bottom leg bone), and attaches to the knee replacement hardware on the femur (the top leg bone). Because these baseplates are breaking, the entire knee replacement can become compromised and unstable.

Symptoms

Patients with defective Smith & Nephew knee replacements may experience pain and limited range of motion. Most patients will require additional surgery to repair the damage.

Status of Smith & Nephew Knee Replacement Lawsuits

Individual lawsuits are being filed against Smith & Nephew for their defective knee implants. There is no class action or MDL yet, but it is possible that plaintiffs will seek to combine many of these cases in a federal MDL as more are filed. Some of the claims plaintiffs' attorneys are alleging include:

• Negligently manufacturing the knee replacements
• Strict product liability
• Failure to warn consumers and healthcare providers about the risks of the knee replacements
• Breach of warranty

What To Do If You Have A Defective Smith & Nephew Knee Replacement

If you believe you have a Smith & Nephew defective knee implant claim, contact our product liability lawyers at 1-800-553-8082, or click here for a free evaluation of your case.

More Information

• American Academy of Orthopaedic Surgeons (Feb. 2011): 16% of Smith & Nephew Journey-Deuce knee implants fail within two years of surgery http://www3.aaos.org/education/anmeet/anmt2011/podium/podium.cfm?Pevent=006
• FDA Journey Knee Replacement Recall (Mar. 3, 2010) http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=88048

I saw the headline "Fatal ATV Crash Suit Settled for $2.7 Million" and my first reaction - without really thinking about it - was that there must have been a verdict in the AVT product liability cases involving the Yamaha Rhino or some other ATV.

Not quite. This case involved a college student who live in Sykesville, Maryland near where I grew up. The young man was killed as a passenger on an ATV written by someone who was drunk and driving the ATV at an excessive speed.

Now that did not make sense either. Who was paying out the $2.7 million? Turns out, the driver of the vehicle came from a very rich family.

You can read the story on the verdict here.