Articles Posted in Defective Products

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Metal-on-metal hip replacements were designed to help people suffering from hip problems. However, in recent years the recall of several metal hip implants and the hardship caused by these faulty implants has given many Americans the chance to claim compensation for the damage caused to them.  

It’s unfair you should suffer as a result of the metal hip manufacturers or doctors who failed to tell you the potential risks.

talcum powder

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Less than three months after Johnson & Johnson was ordered to pay $72 million for a case in which a woman died from ovarian cancer after using J & J powders with talc, the pharmaceutical giant has suffered a second setback.

Following a three-week trial, a jury in St. Louis, Missouri awarded Gloria Ristesund $55 million after she developed ovarian cancer in 2011. Ristesund had used Johnson & Johnson baby powder and Shower to Shower powder with talc for more than 35 years prior to her diagnosis.

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With Johnson & Johnson just losing their second talcum powder trial, the focus on whether talcum powder can potentially lead to ovarian cancer, is increasing daily. In February a jury awarded $72 million in a wrongful death suit against Johnson & Johnson after Jackie Fox died from ovarian cancer. Fox had used J & J baby powder with talc as well as J & J Shower to Shower with talc for feminine hygiene for over thirty-five years.

While some studies appear to definitively link the use of talcum powder with ovarian cancer, others are less conclusive. Johnson & Johnson continues to maintain their powders containing talc are safe, therefore did not require a warning to consumer.

Hip Implant Email Header

With the promise of reduced pain and greater mobility, thousands have undergone hip replacement surgery.  Sadly, thousands have also filed lawsuits after suffering complications far more debilitating than their initial hip issues.  These lawsuits allege faulty designs and serious complications from metal-on-metal implants.

As with any surgical procedure, hip implants do not come without risk or complication.  Implants that have two or more metal parts will shed metal particles into the surrounding tissue, which can lead to metallosis, or metal poisoning.  Metal poisoning can cause bone and tissue death, implant failure, and severe pain.  An even scarier thought: metallosis can even cause damage to the nervous system and heart.

Other complications from hip implants include: 

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As a parent, all you want to do is protect your child. But, when it comes to the unexpected, it’s not so easy to cover every angle, especially when it comes to staying on top of product recalls.

Product recalls are issued when the government and manufacturer remove a product from the market because it is found to be dangerous, causing serious risk of harm. They exist to protect people of all ages from faulty merchandise.

Most baby product recalls are covered by the Consumer Product Safety Commission, or CPSC. The CPSC receives hazardous product warnings and advisories in different ways. Sometimes, a company will find a flaw in their own internal testing. Other times, sadly, that flaw won’t be found until a child is injured or killed.

medical malpractice

Medical malpractice is a term many are familiar with, or have at least heard in passing.  But, do you really know what it means?  It’s much more than just a dissatisfied customer.

Medical malpractice occurs when a patient is harmed by a doctor or nurse who fails to provide proper health care treatment.  Legally, medical malpractice means that a doctor or medical provider must have been negligent in some way (i.e. the provider was not reasonably skillful or competent, resulting in harm to a patient).

It is understood when examining the medical field that on a small scale, mistakes will be made.  However, within that small scale, certain types of errors do crop up more often than others.  These are the top five most common types of medical malpractice:

ivc filters

For those of you who are only just tuning in to the problems with IVC filters, we’ll give you a quick rundown (before we dive into the update). C.R. Bard is a New Jersey-based medical device manufacturer. They are a giant in their industry, and until recent years, were a trusted source of medical devices for healthcare providers across the country. Bard is one of 11 manufacturers who make inferior vena cava (IVC) filters, and while the majority of filters are implanted without issue, those produced by Bard have caused nothing but problems over the years.

Bard’s “recovery” filter was given FDA clearance in 2002, and it didn’t take long for the troublesome reports to begin rolling in. According to NBC:

A confidential study commissioned by Bard showed that the Recovery filter had higher rates of relative risk for death, filter fracture and movement than all of its competitors. An outside doctor hired to conduct the study wrote that “further investigation…is urgently warranted.”

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In the recent Mississippi appellate case Howell v. Equipment Inc., a man working as a laborer at a jobsite suffered severe injuries when the platform of a scissor lift he was working on fell 12-15 feet. He hit his head, broke his ribs, and injured his shoulder, face, and brain. The lift was a work platform that rose vertically in an “X.” There was a bridge on the platform that permitted the person on it to get closer to the work area. The man was on the bridge when it collapsed, landing on him.

The lift distributor bought the scissor lift from the manufacturer and sold the lift to the plaintiff’s employer in 1993. The lift manufacturer was scheduled to perform yearly inspections, but these inspections were performed only erratically. On the day before the accident in question, an employee of the lift distributor had performed a service call because there was a steering problem associated with the lift at issue.

The man and his wife sued the manufacturer and lift distributor for negligence. They claimed that the manufacturer had negligently manufactured the lift and that the lift distributor had negligently maintained the lift during routine maintenance checks. The plaintiffs argued that there no weight-capacity decal in connection on the bridge and that the employee should have seen it was missing when he came out for the service call the day before. They also pointed on that certain components were bent and presented another safety issue.

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Recently, a Mississippi teenager passed away after suffering injuries in an SUV rollover accident in a church parking lot at night. The teen was a passenger in the SUV. The driver was backing up and overcorrected. The SUV rolled over, pinning the teen beneath. If your child or spouse was killed in a rollover accident, you are likely suffering immense grief. It may be appropriate to bring a wrongful death suit.

In Mississippi, a wrongful death is one that is caused by a wrongful or negligent act or omission, unsafe machinery or appliances, or breach of any warranty of fitness of an item intended for human consumption. In a rollover accident, there may be negligent conduct on the part of a driver, but there may also be a manufacturing defect.

Negligent conduct by a driver that could cause a rollover includes unsafe operation of a vehicle. To prove negligence on the part of a driver, parents of a deceased teenager will need to prove the driver’s duty to their child, the driver’s breach of that duty, actual and proximate causation, and damages. However, sometimes a manufacturer or product designer’s faulty design can cause the rollover. A vehicle’s tires can also cause a rollover due to tread separation.

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