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In total hip replacement surgery, the deteriorated natural hip joint is cut out and site is prepared to receive the artificial hip joint.  The site must be prepared very precisely so as not to allow for any unnecessary movement of the artificial hip joint.

surgery1If the hip joint is not placed exactly as required, it can move from side to side or otherwise rock in place and this can result in device failure.  While the vast majority of surgeons are good at what they do and would never incorrectly implant an artificial hip device, it does happen.  Continue reading

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In the past couple months, many people have heard about stem cell treatments being used to try to avoid major joint surgery. Much of these news came from the baseball world, where the Los Angeles Angels of Anaheim (LAA) allowed doctors to perform a stem cell treatment instead of “Tommy John” surgery on two pitchers.

untitled-1238929-mIn the case of these baseball players, Tommy John surgery (named after the first pitcher to get the procedure, more formally known as an ulna collateral ligament or UCL procedure) can save a career, but it takes over a year for the pitcher to return to the game in most cases. The new procedure uses stem cells from bone marrow (not embryonic stem cells), and they may be able to regrow the damaged tissue instead of needing a replacement.  Unfortunately, for one of the two pitchers, it did not work, so they had to do the Tommy John procedure after all. Continue reading

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For the second time in a week, the U.S. Court of Appeals for the Sixth Circuit has dismissed a product liability claim, citing forum non conviens. This is a discretionary power a court has to dismiss a case when another court (or forum) is better suited to hear the case. doctor9

The dismissal isn’t going to prevent a plaintiff from re-filing the case, but depending on the facts, he or she may run up against a statute of limitations issue. It’s always better to thoroughly research such issues ahead of time so that it doesn’t become time and money wasted.

There are many considerations that go into determining the proper forum in a product liability lawsuit, including:

  • Where plaintiff lives;
  • Where defendant is headquartered/ operates/ distributes;
  • Where the injury occurred.

Continue reading

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Johnson & Johnson lost a $500 million federal case in Texas earlier this year involving its Pinnacle hip replacement devices. However, the company won an important victory recently when the U.S. District judge overseeing the case slashed that damage award to $151 million, finding the punitive damage award excessive. gavel1

The verdict had been in favor of five plaintiffs and three spouses, who after a two month trial were collectively were supposed to receive $360 million in punitive damages and $140 million in compensatory damages.

Although the judge denied the company’s request to set aside the verdict or grant a new trial, the medical product behemoth is now seeking an expedited review of the verdict. The company has argued that jurors were improperly biased after hearing evidence that was both irrelevant and unfair during the trial. Attorneys for plaintiffs, however, say the bid for a new trial is nothing more than a flimsy attempt to snag a “do-over” after the strategy they employed during trial went awry.  Continue reading

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A man’s $8 million damage award for a defective hip has survived an appeal before the 4th District Court of Appeal. The trial was the first of thousands of product liability claims filed over the ASR hip device. surgery

Plaintiff alleged that the device failed just 5 years after the surgery, despite promises that it was supposed to last most if not all the rest of his lifetime.

The case was Kransky v. DePuy, and expert witnesses, including a biomedical engineer, testified in the case that internal data from the company showed these hips started to deform and change shape in just one year’s worth of walking in the human body. This high rate of deformity was known to those in the company, who ignored this reported “red flag.”  Continue reading

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According to a recent news feature from Food Safety News, over 22 tons of frozen appetizers (marketed as Kabob’s Hors d’oeuvres) have been recalled to due a recent outbreak of E. coli bacterial illness.  There are many different products this company manufactures that are sold to restaurants and big box retailers and discount warehouses. There are dozens of different varieties of recalled products, including mini pizzas, spring rolls, pot stickers, and many other similar frozen appetizers that are not shipped ready to eat, as they do require cooking.

surgery1The problem did not come from the factory where the frozen food products were manufactured, but rather it was from the flour manufactured by General Mills, Inc. and shipped to this company for use in their food products.  As soon as the flour company notified them of the potential for E. coli contamination, the company voluntarily recalled any product that used that flour to avoid any injury. Continue reading

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There are a variety of ways a total hip replacement surgery can be performed these days. While every procedure ultimately involves making an incision and removing the patient’s deteriorating hip and replacing it with an artificial device, some doctors will make an anterior incision, some will cut along the side, some will cut through the muscle, while others will move the muscle.  There is now a special table that doctors can use to give them better access to the site of procedure, and in some cases, doctors will use computers to make the map the site and even robots to perform the actual surgery.

ward1While the proponents of every one of these techniques obviously claims that their procedure is the best, a recent report outlined in News Medical looks at the results following various techniques to see which one actually has better results in the various cases. Continue reading

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In the past two decades, the number of patients undergoing a total knee replacement procedure each year has gone up considerably.  As the number of surgeries has increased, there have been many advancements in the techniques used by surgeons to perform the total knee replacements. The recovery time, too, has lessened and the chance of success has increased.

mhANPeMAccording to a recent news feature from ABC, there are certain things that can be done to increase the chances of success even more, so as to avoid the chance that the device will fail after the procedure to the greatest extent possible.  Continue reading

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In California, the state attorney general recently announced her office would be pursuing legal action against drug manufacturer Johnson & Johnson for its alleged false advertising and deceptive marketing of its vaginal mesh products.woman

Now, Johnson & Johnson has fired back on those claims,with a spokeswoman telling Legal Newsline that the decision to sue the company was not just, and that the company has no plans to settle the case. Instead, it plans to fight the allegations vigorously.

Of course, it likely has no choice. To concede that it deceptively marketed or falsely advertised would be to put ammunition in the hands of thousands of plaintiffs who are still waiting for their day in court with the medical product manufacturer.  Continue reading

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Two drug companies have been ordered to pay $67 million over false claims made regarding the efficacy of cancer drug Tarceva, the U.S. Justice Department announced.whitepills

The drug is approved for some patients who suffer from non-small cell lung cancer or pancreatic cancer. However, OSI Pharmaceuticals LLC and Genetech Inc. reportedly misled consumers about how effective the drug was in treating non-small cell lung cancer.

This settlement was reached after allegations that between January 2006 and December 2011, the two drug makers promised the product would be effective for non-small cell lung cancer patients. What they failed to disclose was that research had shown it only worked if the patients hadn’t ever smoked or had any sort of mutation in their epidermal growth factor receptor. The latter is a protein that has been traced to the spread of cancerous cells. Continue reading

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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
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308 Victory Rd
Quincy, MA 02171
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43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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