Sarasota Personal Injury Lawyer

Transvaginal Mesh Lawsuits Move Forward

Joe Saunders — Sun, 29 Jan 2012 10:55:43 GMT

Thousands of women who have had surgical mesh implanted to treat pelvic organ prolapse and stress urinary incontinence are suffering from serious complications that are very difficult or impossible to cure. Many women have had multiple surgeries to try to have the mesh removed or trimmed after suffering continued pain, bleeding, pain with intercourse and other symptoms. Hundreds of lawsuits are being filed around the country against the manufacturers of these mesh products.

Manufacturers such as Bard, Johnson & Johnson, Boston Scientific, and AMS have made huge profits selling surgical kits to doctors and hospitals and aggressively promoting the use of vaginally implanted surgical mesh to reinforce the vaginal vault and hold organs in place. Previously, surgeons primarily stitched a women’s natural tissue to remedy pelvic organ prolapse and stress urinary incontinence. It appears that in most cases use of this prior procedure using the natural tissue was substantially effective without the risks of complications inherent in implanting a polypropylene mesh through the vaginal canal. It appears that the manufacturers of the mesh have mislead the obstetricians and gynecologists about the relative safety of the use of the transvaginal mesh procedures in order to increase the manufacturer’s profits from the sales of these kits. The pelvic organ prolapse surgical kits that are being promoted by the manufacturers probably cost less than $100 to manufacture but they are sold to the hospitals for over $2,000.

In 2011, the United States Food and Drug Administration (FDA) ordered all manufacturers to report adverse events of all of these products and study the increasing reports of these serious complications. In 2008, the FDA had believed that these complications from the transvaginal mesh implants were rare. However, now the FDA has seen so many adverse events that they have revised their statement to now conclude that complications are not uncommon.

Federal lawsuits involving the Bard Avaulta mesh product have been coordinated before a United States District Judge in West Virginia. A panel of federal judges sitting in Miami last week considered a petition to have theWest Virginia judge assigned to preside over the pretrial management of federal lawsuits against Johnson & Johnson, Boston Scientific, and AMS as well. There are an increasing number of lawsuits pending in state courts primarily in New Jersey, California, Minnesota, and Massachusetts.

I expect that the lawsuits involving the transvaginal mesh products will number in the thousands because so many women are suffering serious and long term complications without any cure and they are only starting to realize that they have been victim to the over marketing of a dangerous product that had not been properly tested.

One Ob/Gyn physician that I have spoken to believes that the use of the transvaginal mesh may be appropriate in a very few difficult cases when implanted by a specialist but that the wholesale implantation of these mesh products on a regular basis as a routine treatment for pelvic organ prolapse or stress urinary incontinence is not safe. Certainly, clients of our firm with whom I have spoken would never have agreed to the implant if they had any idea of the suffering that they would endure.

Originally posted at InjuryBoard by Joe Saunders

Metal on Metal Hip Implant Lawsuits Include Biomet

Joe Saunders — Sun, 18 Dec 2011 22:09:42 GMT

The wave of metal on metal hip implant lawsuits that have been filed now includes the Biomet Magnum hip replacement device. Legal cases that have been filed over the last few years have been primarily against Zimmer for the Durom Cup implant and against Johnson & Johnson DePuy for the ASR and the Pinnacle Ultimet.

It appears that the cobalt and chromium metal exposure occurs in all of the metal on metal implants possibly to different degrees. I have spoken to orthopedic surgeons who will not use any metal on metal implant anymore. I have seen intra-operative photographs of tissue necrosis in the hip compartment in a Biomet Magnum patient when the hip was revised. It is clear that adequate scientific studies have never been done to prove that these hip implant devices are safe.

In 2011 the FDA for the first time has required that the manufacturers of metal on metal hip implants keep records and report failures to the FDA. This data will not be available until next year or the year after. Also attorneys in the lawsuits are obtaining documents through the legal discovery process to find out how what the manufacturers knew about safety before they embarked on their aggressive marketing campaigns for these metal on metal hips.

The Smith & Nephew Birmingham hip, known as the BHR, appears to have the lowest failure rate but I have seen cases of metallosis with patients with a Birmingham hip. The FDA data should help clarify whether the BHR and the Biomet Magnum pose an unreasonable risk of failure from metal contamination. So far only the DePuy ASR has been recalled for this problem. The Zimmer Durom Cup was never actually recalled but it is no longer on the market. Zimmer suspended sales for a few weeks in 2008 as a result of a high failure rate and provided doctors with additional training materials and then discontinued sales in 2010.

The documents that we obtain in the lawsuits against the various manufacturer will provide a better picture of to what degree these companies knowingly put profits ahead of safety. There certainly was scientific literature widely available concerning metallosis from metal hip implants many years ago.

People who have hip implants should seek legal advice as soon as possible because there are statutes of limitations that will bar any lawsuit that is not promptly filed. These time periods for filing lawsuit are different in different states and good legal advice is necessary to be sure that the case is filed in time.

Originally posted at InjuryBoard by Joe Saunders

Update on DePuy Hip Implant Lawsuits

Joe Saunders — Sun, 06 Nov 2011 12:37:00 GMT

More lawsuits are being filed every week against DePuy and Johnson & Johnson for hip implant failures relating to the DePuy ASR and the DePuy Pinnacle Ultamet metal on metal hip implants.

In the DePuy ASR litigation which is consolidated in Toledo, Ohio the legal discovery is progressing and DePuy is producing documents so that we can get a better idea"what DePuy knew and when they knew it". The degree of the company's negligence or reckless conduct will be important to the value of these cases because juries are likely to award more compensation or possibly even punitive damages if the conduct of the company is sufficiently reprehensible.

The DePuy Pinnacle litigation which has been consolidated in the federal court for the Northern District of Texas is just getting started. We expect a committee to be appointed by the judge soon.

People who have already filed DePuy ASR lawsuits that are in federal court are in the process of completing medical facts sheets setting forth the details of their medical history and other facts that may relate to the compensation that they can claim in those cases. To my knowledge no cases have been settled yet and none have been set for trial yet.

It has now been over a year since the DePuy ASR was recalled from the market. There are differing statutes of limitations in different states which have strict time limits for filing lawsuits. Some of these statutes of limitations may have run in some states so it is important for any patient with a DePuy ASR or Pinnacle to get legal advice as soon as possible. Companies such as DePuy usually wait until many of the state statutes of limitations have run before begining to settle cases. They do not want the news of settlements when they happen to prompt people who have waited to then try to file lawsuits for compensation.

Originally posted at InjuryBoard by Joe Saunders

DePuy Pinnacle Hip Lawsuits Coordinated in Texas

Joe Saunders — Wed, 17 Aug 2011 19:42:17 GMT

Last week I attended the first hearing for the DePuy Pinnacle Hip Implant Litigation. A large group of lawyers met with United States District Judge Ed Kinkeade in Dallas Texas last week to organize the progress of the lawsuits involving failed Pinnacle Hip implants.

Johnson & Johnson subsidiary DePuy recalled its ASR metal on metal hip implants a year ago so they are no longer on the market. DePuy also makes a metal on metal hip implant called the DePuy Pinnacle Ultamet that has some of the same problems as the DePuy ASR. Both of these DePuy metal on metal hip implants expose patients to metal ion exposure that can cause pain, psuedo tumors, and failure of the implant. The DePuy Pinnacle Ultamet is still on the market.

The Pinnacle implant system can use liners that are polyethelyne or ceramic as well as metal on metal. The Ultamet is the only Pinnacle liner that is metal on metal with the risk of metalosis.

Biomet and Smith & Nephew also make metal on metal hip implants. The Smith & Nephew metal on metal hip is call the Birmingham Hip Replacement. Those implants have the same problem with metal ion exposure as the DePuy ASR and Pinnacle Ultamet. There have been few lawsuits so far against Bioment and Smith & Nephew and those lawsuits have not been coordinated before a single judge as have the Pinnacle and the ASR. It is likely that lawsuits against Bioment and Smith & Nephew will be increasing in the future.

Zimmer manufactured a metal on metal implant called the Durom cup until last year. Many Durom Cup Hip Implants have failed as a result of a design defect and lawsuits involving the Durom Cup have been coordinated before the federal court in Newark, New Jersey.

All of these metal on metal hip implants were marketed with little testing or study. The FDA allowed these hip implants on the market because the manufacturers represented to the FDA that the devices were similiar to other hip implants already on the market.

The current lawsuits being filed claim that the manufacturers were negligent in selling these hips with insufficent testing for safety. The discussion last week in Judge Kinkeade's courtroom in Dallas last week set forth a good foundation for the progress of the DePuy Pinnacle lawsuits.

Originally posted at InjuryBoard by Joe Saunders

Injured Reglan Patients Loose Rights to Compensation

Joe Saunders — Sun, 26 Jun 2011 10:40:49 GMT

This week the U.S. Supreme Court eliminated drug consumers rights to sue generic drug manufacturers. In reviewing cases brought by consumers of the anti-nausea drug Reglan which is generically sold as Metoclopromide the U.S. Supreme Court removed consumers rights to their day in court. The Court has recently rendered a number of opinions that restrict citizens rights to have case heard in court. The pro business court also shielded Walmart from having to defend a class action lawsuit brought by women alleging that they were paid less and promoted less because of their gender.

These decisions are unfortunate because they remove any incentive for large corporations to look out for the safety of drug consumers in the Reglan case and remove incentives to be vigilant against gender discrimination in the Walmart case.

The Metaclopromide- Reglan case is surprisingly illogical because consumers have a right to have their day in court if they take a brand name drug but not if they have received a generic equivalent of the same drug. The court even acknowledged in its opinion that this result was illogical. The dissenting opinion by Justice Sotomayor pointed out that this result was "absurd".

Both of these decisions stem, in my opinion, from the conservative court's philosophy that business should not be burdened by have to have a jury consider the fairness of thier conduct towards citizens. These decisions did not decide whether the corporations had done wrong or not. The decisions ruled that the consumers and employees did not have a right to even have their cases heard in court at all.

Originally posted at InjuryBoard by Joe Saunders

DePuy Hip Implant Failures in Sarasota

Joe Saunders — Mon, 28 Mar 2011 15:09:51 GMT

Hip implant failures seem to be increasing among people with both the DePuy ASR implant and the DePuy Pinnacle Ultimet implant. The DePuy ASR was recalled in August 2010 but the Pinnacle models are still on the market. Both the ASR and the Pinnacle Ultimet are metal on metal products. That means that the hip device has a metal cup and a metal ball that fit together. Other types of implants have metal on polyethylene or ceramic on ceramic. The metal on metal designs were developed in hopes that they would last longer than the traditional polyethylene that tended to wear out is 12-15 years and need replacement. However, the friction of the metal on metal design has resulted in metal debris being released into the hip joint and possibly into the blood stream causing a number of problems.

The most immediate of these problems from the metal debris is metallosis which damages the tissues in the hip area causing the implant to loosen and fail. It is also possible that this metallosis or metal poisoning can affect other organs in the body if the hip implant is not removed and replaced with a traditional polyethylene hip implant.

I have spoken with a number of hip implant patients in Sarasota, Bradenton, and Saint Petersburg who are suffering from these problems. The West Coast of Florida is a haven for retirees and has a large population of individuals who have had hip implants. Consequently, I am hearing from a large number of hip implant patients who want to know how this happened and to be advised about any legal rights they may have against the manufacturers of these devices.

Prior to the DePuy ASR recall there was a suspension of sales of the Zimmer Durom Cup in 2008 and a recall of some Stryker hip implants. Many of these patients had to have their hips redone, a procedure called a revision by doctors in this field.

I would recommend that any individual considering a hip implant surgery do careful research about the type of implant that will be used and don't be afraid to ask you doctor detailed questions about why a certain type of implant is recommended for them. I do think it is possible to reduce the risk of having the need to have a hip redone by being a careful consumer and asking questions.

Originally posted at InjuryBoard by Joe Saunders

Catholic Priest Living in Sarasota Arrested on Sex Abuse Charges

Joe Saunders — Mon, 14 Feb 2011 10:13:01 GMT

The Rev. William Wert, a priest of the Order of Carmelites, was arrested in Sarasota recently on charges that he sexually molested a local boy. Besides the counts of committing sex offenses on a child between the ages of 12 and 15, Wert is facing 8 additional sexual battery charges including three counts of lewd and lascivious behavior with a victim between 12 and 16.

Wert was convicted of similar crimes in Washington DC in 2007. He was moved from Washington DC and has been living at a Carmelite retirement home in Sarasota just blocks away from Epiphany Cathedral and school.

Originally posted at InjuryBoard by Joe Saunders

First Chinese Drywall Lawsuit Ends in $2.4 Million Verdict

Joe Saunders — Mon, 21 Jun 2010 16:06:14 GMT

Armin and Lisa Seifert, a Florida couple whose house was contaminated with Chinese drywall, has been awarded a $2.4 million verdict by a jury. The first ever Chinese Drywall lawsuit ended in a favorable verdict for the homeowners but it may be difficult to recover the money from those found responsible for the contamination. The jury found Banner Supply of Miami 55% responsible for the damage while Chinese company Knauf and two other companies bore the rest of the responsibility.

Thousands of US homeowners have sued Banner Supply for the Chinese Drywall. Knauf, a Chinese company, is more difficult to hold accountable in US courts.

Originally posted at InjuryBoard by Joe Saunders

Oil Hits Florida Beaches

Joe Saunders — Sat, 05 Jun 2010 10:46:54 GMT

The Florida Panhandle is now experiencing the nightmare scenario of oily tar balls washing up on its pristine, white beaches. While workers have been busy collecting the tar balls, more oil is expected to wash ashore as the BP oil continues to gush from a sunken oil rig. The oil spill could affect all of Florida's Gulf Coast beaches, not just the Panhandle beaches, in weeks and months to come.

In Pinellas County, the beaches remain open and so far no signs of oil slicks. However, that doesn't mean that the BP oil spill has not affected the local economy. The tourism industry and local fishermen have already felt the effects of the oil spill. Tourism officials worry about the effects of a summer tourism drop. According to the St. Pete Times, a 25% drop in tourism to Pinellas County beaches would mean the shuttering of 300 local restaurants and 21,000 jobs at a time when the local economy can ill afford another setback.

Originally posted at InjuryBoard by Joe Saunders

Sarasota Bracing for Economic Fallout from BP Oil Spill

Joe Saunders — Sat, 29 May 2010 10:42:24 GMT

While the remnants of the BP oil spill have not hit Sarasota beaches, the potential economic fallout has local businesses worried that the devastating effects of the Gulf oil spill may have a profound impact on hotels and restaurants. The oil spill has already affected commercial fisherman who are banned from fishing 150 miles off the coast. Daily news reports are not encouraging either. The oil is still gushing from the sunken rig with no end in sight. Government officials working with British Petroleum concede that their latest efforts to cap the gushing oil may prove ineffectual.

The BP oil spill has now eclipsed the 1989 Exxon Valdez disaster in terms of potential damage to the environment and the economy of the Gulf states. Public confidence in BP's ability to stop the oil spill is at an all time low. The Obama Administration is also under intense scrutiny for their seeming inability to resolve the problem and protect the fragile Gulf ecosystem. Recriminations against BP and President Obama are growing with no end in sight.

Originally posted at InjuryBoard by Joe Saunders