Product Liability Lawyer Blog

January 27, 2014

Massachusetts Medical Device Litigation: MDL Litigation Aims at Justice for Patients

Defective drugs and medical devices harm thousands of patients throughout the United States. Each individual plaintiff has a cause of action against the pharmaceutical company or medical device manufacturer when a product defect causes injury or illness. However, many of the cases against the manufacturers have common questions of fact. To expedite claims processing, reduce court costs and time, and aid plaintiffs and defendants in a timely resolution of claims, multidistrict litigation (MDL) is frequently used.

The Boston injury attorneys at Jeffrey Glassman Injury Lawyers have extensive experience representing clients involved in multidistrict litigation. Our firm has been admitted to MDLs throughout the United States that will allow plaintiffs compensation for injuries caused by metal-on-metal hip implants and transvaginal mesh, among other dangerous medical products.

Understanding Multidistrict Litigation

January 23, 2014

Massachusetts Children Die In Lane Hope Chest

by Jeffrey S. Glassman

Two Massachusetts siblings were killed after being trapped in an old hope chest and officials are using this incident as a sad reminder of the risks associated with dangerous and defective products in Massachusetts and elsewhere. Oftentimes, recall information never makes it into our homes and these products are never addresses and removed, still posing serious risks to our families.

“The majority of children’s products that are recalled remain in use,” said Nancy Cowles, executive director of Kids in Danger.

As a matter of fact, officials believe that only 30 percent of defective products are ever properly repaired or returned to the manufacturer. Unfortunately, defects are not familiar to the consumer eye until it’s too late. In the recent incident, 8- and 7-year-old siblings were trapped in an old chest, manufactured by Lane Furniture Company back in 1939, and it could not be opened from the inside. Back in 1996, more than 10 million of these chests were recalled by the company. This recall came after the company received nearly 10 incident reports in which children were stuck inside and suffocated. Officials with the Consumer Product Safety Commission (CPSC) and officials with the company sent out another recall in 2000, after receiving reports of two additional fatalities and two near-deaths, according to NBC.
Continue reading

January 22, 2014

Schedin v. Ortho-McNeil-Janssen Pharmaceuticals – Court Rejects Drugmaker’s Levaquin Appeal

by Jeffrey S. Glassman

The antibiotic Levaquin was marketed by drug manufacturer Ortho-McNeil Janssen (a subsidiary of Johnson & Johnson) as a safe way to treat many common bacterial infections, such as those of the sinuses, ears, lungs, airways, ears, skin, bones and joints.

However, what a trial court ruled – and the Eighth Circuit appellate court recently affirmed – was that the company must pay $630,000 to patient who claims the firm deliberately failed to warn consumers of the risks associated with the drug. Specifically, the company never told consumers that there was an increased risk of rupturing their Achilles tendon if they took the drug (also known as levoflaxacin).

That $630,000 figure was down slightly from the $1.1 million the jury originally awarded in the case of Schedin v. Ortho-McNeil-Janssen Pharmaceuticals,. Still, the appellate court rejected the claim that the misconduct uncovered failed to justify overturning the award altogether.
Continue reading

January 19, 2014

Topamax Survivors: Cleft Palate Treatment Approved

by Jeffrey S. Glassman

Cleft palate is a common birth defect in women who took Topomax during their pregnancy. According to research, the incidence of birth defects among women taking topiramate is higher than the birth defect rate in the rest of the population. Since half of pregnancies are unplanned, many women of childbearing age are on Topomax and not aware that they are pregnant. This could result in facial deformities, including cleft lip and cleft palate. While any birth defect is devastating and life altering a new cleft palate treatment has been approved that could help mothers and infants who have been injured by Topomax.

According to reports, there are more than 4,000 cleft palate babies born every year in the United States. A new, non-invasive treatment may be available to treat these infants. Researchers indicate that the treatment is just as effective as the established method, but it is less invasive and expensive. Our birth defect attorneys in Boston are dedicated to advocating for victims whose lives have been altered by hazardous drugs. We are also abreast of developments in the medical community to help survivors of Topomax and other dangerous products.
Continue reading

January 17, 2014

Best and Worst Hospitals for Knee and Hip Replacements

by Jeffrey S. Glassman

Knee and hip replacement surgeries continue to cause future complications for patients. Many of these complications related to defective medical devices and result in a necessary replacement. Whether you have already had a knee or hip implant or you need a replacement, you want to get the best medical treatment possible. The federal government has published a report calling attention to the best and worst hospitals for knee and hip replacement surgery.

The government has identified 95 hospitals where patients were most likely to suffer setbacks and another 97 hospitals where patients had the most successful recoveries. The analysis is part of the government’s effort to strengthen the quality of care throughout the nation’s hospitals. Our medical malpractice attorneys in Massachusetts are dedicated to helping victims recover compensation for injuries caused by defective medical devices. We are also committed to enhancing medical safety for patients in Massachusetts and nationwide to prevent future injuries.
Continue reading

January 15, 2014

Transvaginal Mesh Injuries Most Commonly Reported

by Jeffrey S. Glassman

Women who suffer from transvaginal mesh injuries may be embarrassed to discuss their condition with friends, loved ones, or even a medical professional. Victims may even postpone going to the doctor because they are waiting for symptoms to improve. However, if you or someone you love has suffered a transvaginal mesh injury, you know how severe the consequences can be. You also know that sustained injuries can significantly impact the quality of life for victims. Transvaginal mesh injuries are very severe and hundreds of thousands of women have suffered after having a vaginal mesh implant.

Once considered awkward and personal problems, these injuries are now becoming increasingly common medical conditions for women who have had a vaginal mesh implant. Our transvaginal mesh injury attorneys are experienced in representing women who have suffered pain, complications, and dangerous injuries resulting from transvaginal mesh. For victims the consequences of a transvaginal mesh injury are not only painful and life-altering, they can also be deadly.
Continue reading

January 14, 2014

Janssen Appealing Topamax Ruling for Plaintiffs

by Jeffrey S. Glassman

Plaintiffs suffering from Topamax birth defects received good news when two recent cases resulted in combined compensation of $15 million for victims. In one of the two recent cases, the plaintiff was awarded almost $11 million in damages from Janssen Pharmaceuticals, the manufacturer of Topamax and a division of Johnson & Johnson. In the second case, $4.02 million was awarded to a family whose child was born with a cleft palate after his mother took Topamax while pregnant.

The Topamax verdicts were a positive sign for plaintiffs because large verdicts for victims can sometimes make drug companies more eager to offer fair settlements to individuals whose defective drug cases are still pending. However, in this case, Janssen Pharmaceuticals does not appear to have given in yet to accepting that it is likely to be found liable for injuries in courts. Instead, Janssen Pharmaceuticals has announced the company’s intent to appeal the verdicts against it. Our Boston defective drug lawyers know that the outcome of the appeals could shape how future Topamax claims are resolved since a loss in appellate court could make Janssen much more likely to move forward with settlement talks.
Continue reading

January 10, 2014

Transvaginal Mesh Lawsuits Scheduled in 2014

by Jeffrey S. Glassman

As the New Year approaches, many women currently suffering from transvaginal mesh complications will be closely watching the TVM litigation that is expected to occur in 2014. This year is likely to be an important one in which many TVM cases are resolved and in which the medical device manufacturers who sold TVM products may move forward with settling claims.

Ourtransvaginal mesh attorneys know that there are going to be many important milestones in TVM litigation in the upcoming year since there are several different bellwether trials that will occur. There are currently more than 40,000 lawsuits pending related to TVM products and each of these thousands of women could be affected by the outcome of trials beginning as early as January 10, 2014.
Continue reading

January 7, 2014

Stryker Settles Claims Related to Defective Hip Replacements

by Jeffrey S. Glassman

Stryker Corp. is the manufacturer of hip replacement and resurfacing products including the Stryker Rejuvenate and the Stryker ABG II hip implants. The orthopaedic device company recalled both of these products in 2012 amid complaints that the devices had a high failure rate and that patients were suffering serious injuries as a result of product defects.

Unfortunately, before the Stryker products were recalled, our hip implant lawyers know that an estimated 20,000 Americans already had either a Rejuvenate or ABG II medical device used in their hip replacement procedure. Many of the patients who used these Stryker hip replacement devices have now begun to experience serious complications and, as a result, have filed lawsuits against the Michigan-based manufacturer. Several of these claims have now settled and many more cases could soon be resolved with plaintiffs being offered compensation out of court for their losses.
Continue reading

January 5, 2014

Plaintiffs Seek Creation of Seventh MDL For Vaginal Mesh Complications

by Jeffrey S. Glassman

Throughout the federal court system in the United States, there are currently more than 35,000 lawsuits pending related to complications associated with transvaginal mesh products. Transvaginal mesh, or TVM, was marketed as an alternative to traditional surgical procedures to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Unfortunately, thousands of women who had vaginal mesh surgically implanted began to experience erosion of the mesh, resulting in significant pain and serious complications, including perforation of the pelvic organs and recurrent POP.

Women who have experienced these side effects have filed lawsuits against vaginal mesh manufacturers seeking compensation for the tremendous losses they have faced. Those harmed by defective medical devices should be compensated for any medical costs that they incur to treat their injuries, such as surgical removal of the mesh. Individuals harmed by TVM products are also entitled to compensation for lost income, pain and suffering and emotional distress associated with injuries caused by the defective mesh products. Taking legal action to recover compensation for these losses is necessary, and the more than 35,000 lawsuits show that many women are exercising their legal rights.

When so many cases are filed by injured victims, Boston transvaginal mesh lawyers know that the formation of multi-district litigations is a common and effective way to resolve patient complaints. There are currently six MDLs pending and a group of plaintiffs is now calling for the creating of a seventh.
Continue reading