Our defective hip implant attorneys are here to help advise you about your legal options and pursue your claim for compensation. Metal on Metal defective hip implants have caused thousands of people to endure years of pain and expensive revision surgery. There are several manufacturers that are the subject of lawsuits for these metal on metal implants. These include DePuy (a Johnson + Johnson Company), Smith&Nephew, and Stryker. Most of these lawsuits are in the initial stages of litigation. Some case, however, have gone to verdict. Below is an article from the Expert Institute about one recent verdict in Texas. If you need help from Ladenburg' Law's defective hip implant attorneys, please call us today for a free consultation. Our defective hip implant attorneys work on a contingency fee so there is no up front cost to you.
From the Expert Institute:
On November 16th, a federal jury in Dallas, TX told Johnson & Johnson and their subsidiary DePuy that they need to pay six patients a total of $247 million due to hip implants that turned out to be defective.
The verdict came as a result of finding that the hip implants used a metal to metal design, which was directly linked to patient injuries. Moreover, the companies who designed the hip replacements failed to warn the patients about the possible risks involved in the surgery.
Johnson & Johnson plans to appeal the large verdict, however appeals on complex cases such as this one could take years to resolve. Moreover, while a jury verdict cannot be directly overturned, appeals can be effective when they call into question evidentiary rulings by the court, instructions to the jury, and other issues such as whether the jurors failed to be impartial.
Doctors now know that metal hip replacements can come with a variety of side effects. Side effects can include metal debris being found in the body, cobalt toxicity, bone erosion, tissue death, bursitis, and radicular pain. Despite these potential side effects, metal hip implants were used due to the claim that they would last longer than other materials typically used in these procedures, such as plastic or ceramic.
What is more, having to take out metal hip replacement parts is a very painful process which can result in the patient experiencing a sustained interruption in their lives.
The six plaintiffs involved in this case experienced bone erosion and tissue death due to the metal hip replacement parts which were designed defectively.
Over, it appears that this verdict is only the beginning. There are at least 9,700 other lawsuits against Johnson & Johnson throughout the country for similar conditions caused by their metal hip implants.
DePuy has stated that there is strong research that supports the metal-on-metal hip implants, however, the scientific merits of these devices was debated in court by expert witnesses on both sides. To prove that the design of the metal hip implants were defective, expert testimony was required to show that there is a safer alternative design. This will typically call for medical and engineering experts.
Plaintiff counsel has been using test cases to see just how vulnerable DePuy and Johnson & Johnson will be to litigation involving their metal-on-metal hip implants. DePuy won the first trial case, but have lost in later cases.
“This nine-week trial was a disservice to everyone involved because the verdict will do nothing to advance the ultimate resolution of this six-year old litigation,” said the defendants’ attorney following the plaintiff verdict in the most recent case.
The USDA changed its artificial hip regulations in 2013, leading to a cessation in the use of metal-on-metal hip implants. The regulations came after a 2012 Orthopaedic and Rehabilitation Devices Advisory Panel meeting where the panel reviewed failure rates, metal ion testing, complications, risk factors, and post-surgical care.
Hip replacement surgery involves the removal of a hip joint with arthritis and replacing it with an artificial joint hip replacement surgery. The procedure is usually done when more conservative treatment has failed. Hip replacements can also become necessary in the course of slip and fall accidents, or as the result of degenerative changes that occur with age.
The plaintiffs should not count themselves lucky yet: many of these large juries verdicts have been reduced by courts after they have been rendered to the jury due to them being excessive in nature. It would not be surprising that a court would lower a jury verdict of $247 million.
It should be no shock that Plaintiff’s attorneys are still seeking clients to go after Johnson & Johnson and are looking for patients who have received these metal hip implants and are experiencing hip pain, difficulty standing, loss of mobility, or have had to undergo a subsequent hip replacement surgery.
Patients experiencing problems with these type of hip implants can require periodic injections and pain management due to difficulties caused by the metal-on-metal devices. This allows the plaintiffs to seek pain and suffering in addition to large medical bills as damages in their cases.
Are you wondering "Do I have a defective implant case? Is it too late to file a defective hip implant case? How can I file a defective hip implant claim?" Our defective hip implant attorneys are here to answer these questions. If you need help, call 253-272-5226 today for a free consultation.
As car accident attorneys in Tacoma, we know first hand how the weather impacts collisions. Car crashes in Tacoma and throughout the Puget Sound increase during winter months. It is wet and sometimes icy on the roads and not enough drivers take the proper precautions. There are steps you can take to avoid collisions and other dangers that arise during our dark winter months. If you are involved in collision, you should call the Tacoma - Seattle - Olympia car accident attorneys at Ladenburg Law for free advice.
The following tips were borrowed from AAA recommendations for winter driving to help avoid car accidents and stay safe on the roads so you never need to call the car accident attorneys at Ladenburg Law:
Tips for long-distance winter trips:
Tips for driving in the snow to help avoid car accidents and stay safe on the roads so you never need to call the car accident attorneys at Ladenburg Law:
If you are unlucky enough to be involved in a collision, it is important to know what to do. The car accident attorneys at Ladenburg Law provide free advice for people injured in car accidents. You can also get your copy of What Insurance Companies Don't Want You Know now so you will be prepared for a collision.
There are a couple different scenarios where you may need to bring a claim for injuries against Uber, Lyft, or a taxicab driver. You may be a passenger in the ride share vehicle may be injured when the driver causes a collision. Or you may be in another vehicle, on a bicycle, or a pedestrian when the driver causes a collision. In each situation it is important to understand the available sources of funds to pay your medical bills, lost income, and other damages.
Injured Passengers in Uber, Lyft or Taxi
Uber and Lyft both maintain insurance coverage for their drivers up to $1,000,000. If you are a passenger and the driver caused the collision, then you will be covered under that policy. If you have your own insurance, you may be covered under that policy as well. It is best to discuss your situation with a personal injury attorney who have can properly determine what policies apply to your situation.
Injury in Another Vehicle, Bicycle, or Pedestrian
As stated above, Uber and Lyft both maintain insurance coverage for their drivers up to $1,000,000. Whether or not that policy applies depends upon whether or not the driver was at fault and whether or not the driver was on duty at the time of the collision. Uber and Lyft drivers are independent contractors. When they are not actively engaged in picking up a passenger or transporting a passenger, they are arguably not acting on behalf of Uber of Lyft. In that situation, the driver’s regular insurance applies, not the $1,000,000 policy provided by the company. If you have your own insurance, you may be covered under that policy as well. It is best to discuss your situation with a personal injury attorney who have can properly determine what policies apply to your situation.
Like any other collision, if you have been injured by a commercial driver, it is important to remember these tips for car accident victims:
• Gather as much information about the other driver as you can including: name, address, driver’s license number, license plate number, and insurance information.
• Take down witnesses names, addresses, and whenever possible, license plate numbers.
• Obtain the name, badge number, and precinct number of the investigating officer, and request the case control or accident report number.
• Writing down the precise address or location of the crash scene and note information about traffic, weather and road conditions. If the configuration of the roadway played a factor, note that information as well.
• Summarize the cause of the accident including fault, layout of the roadway, presence of the traffic control devices, etc.
• Take photos of the scenes, the vehicles, skid marks, and debris in the road.
If you need help or would like more information, please do not hesitate to contact our car accident attorneys for a free consultation or request a copy of our FREE BOOK. Do not talk to any other driver’s insurance company, make a statement, or sign any documents before discussing your rights with our experienced and helpful car accident attorneys.
Talcum baby powder has been linked ovarian cancer. As more and more women learn about the link, more lawsuits are being filed nationwide. Women with ovarian cancer can get help from Ladenburg Law. Our Tacoma personal injury attorneys help those impacted by ovarian cancer caused by baby powder and other Talcum products.
Johnson and Johnson developed their baby powder more than a century ago. Recent lawsuits have exposed their corporate practice to manipulate information about the product’s safety for more than 40 years. A jury verdict last year ordered the company to pay $127 million in damages to two families impacted by ovarian cancer linked to Talcum powder usage.
Recently the jury’s verdict on the talcum powder’s lawsuit left many people shocked worldwide. If Johnson & Johnson was found guilty and ordered to pay $127 million in compensatory damage, is this the irrefutable proof that their famous cosmetic product can cause cancer? And if so, why science keeps claiming that there’s no consensus on whether this substance is truly dangerous for our health?
In one case, the Court was provided the court with a damaging document. In Johnson & Johnson’s internal correspondence, a medical consultant suggested that denying the possible risks could damage the company’s own image.
In another recent case, a woman was awarded $110 million after being diagnosed with ovarian cancer at the age of 57. She alleged that Johnson $ Johnson concealed the possibility that talc in its baby powder and Shower to Shower products can cause cancer. The company has now lost verdicts of $72 million, $70 million and $55 million. Johnson & Johnson faces multiple federal class-action suits according to a Securities and Exchange Commission filing.
For more information on recent lawsuits, read this news article.
For more information on how Ladenburg Law Injury Attorneys can help ovarian cancer victims who used baby powder, please call us at 253-272-5226.
After a car accident it is important to try to remain calm. The first priority is to assess any injuries you or your passengers sustained. If anyone is in need of immediate medical help, call 911. If a person is seriously injured, is unconscious, has neck pain or back pain do not move the person until medical help arrives unless their safety is in danger.
If there is significant damage to vehicles or anyone is injured, call the police and ask that a report be filed. Get a card from the investigating officer and copy of the incident report number. With or without the help of an officer, gather as much information as possible.
It is very important to gather as much information at the scene as possible. If you have a camera phone, use it to take lots of photos including:
A. damage to the vehicles
B. scene of the collision
C. location of the street signs and stop lights
D. people involved in the collision
E. driver’s license of the other drivers involved in the collision
F. insurance card of the other drivers involved in the collision
G. license plate of the other drivers involved
If you don’t have a camera available, write down as much information pertaining to all the items in the above list as you can. Also get the names, addresses, phone numbers, and email addresses of any witnesses to the collision.
You should talk to the other driver but do not discuss who was at fault for the collision. Your conversation with the other driver should be for the exchange of information only. You should also talk to any witnesses to get a summary of what they saw and their contact information. If a police officer investigates, you will need to provide a description of the events to the officer.
You should not talk to the other driver’s insurance company at the scene or at any point without first consulting an attorney. Never provide a recorded statement to the other driver’s insurance company.
If there are no injuries from the collision or only very minor injuries, you should move your vehicle off the road safely.
|COMMON CATEGORIES OF MOTOR VEHICLE INSURANCE|
|Bodily Injury Liability|
|Personal Injury Protection|
|Property Damage Liability|
|Uninsured Motorist Coverage|
|Underinsured Motorist Coverage|
● Bodily Injury Liability
This covers injuries that you, the designated driver or policyholder causes to someone else. It also covers you and the family members you list in your policy when driving someone else's car (with their permission).
● Personal Injury Protection
Personal Injury Protection (PIP) pays for medical bills incurred to treat injuries to the driver and other people in the car. PIP will pay the medical bills no matter who is at fault for the collision.
● Property Damage Liability
Property Damage Liability pays for damage you or whoever is driving your car (with your permission) causes to someone's property, such as their vehicle. But it can also include fences, telephone poles or other structures you hit with your car.
This pays for damage to your car if you collide with another car or object, or your car flips over. It can also pay for damage to your car due to driving over potholes.
This will reimburse you for loss due to theft or damage caused by something other than a collision with another car or object. This could include fire, vandalism or contact with an animal, such as a deer.
● Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage reimburses you if you, a family member or your designated driver is hit by an uninsured driver, a hit-and-run driver or an unidentified vehicle that forces you to have a collision. Generally, you should report (based on your policy) any accidents involving a hit and run or unidentified vehicle to local law enforcement with 72 hours and get contact information from anyone who witnessed the accident. Be sure to talk with your agent and check your policy for specific requirements.
● Underinsured Motorist Coverage
Underinsured Motorist (UIM) coverage reimburses you if you, a family member or your designated driver is hit by another driver who has insurance but his or her policy does not provide enough money to pay for all your damages.
"How Much Auto Insurance do I need?"
Do not assume that if you are involved in a collision, the other driver’s insurance company will pay your damages. Even though it is against the law to drive a vehicle in Washington without insurance there are far too many people on the road without insurance. In fact, according to the Insurance Research Council, 16% of the drivers on the roads in Washington do not have insurance. That means if you are involved in a collision there is at least a 1 in 6 chance that the other driver does not have insurance. The actual probability of being hit by an uninsured driver is probably greater than 1 in 6 because the same people who are irresponsible enough to drive without insurance are also irresponsible on the roads. They may have been involved in several accidents or received several tickets and now cannot afford insurance. Do not let them destroy your life too.
Even if a person who injures you in a motor vehicle collision has insurance, they probably do not have adequate insurance. The minimum liability coverage that an insurance company must offer to a resident of Washington is $25,000. With the skyrocketing cost of medical care, $25,000 is not enough for most motor vehicle injuries. Even a “minor impact” collision can cause substantial harm both physically and financially. Most of our clients who are involved in rear-end collisions with relatively minor damage to the vehicles suffer back and or neck injuries. They typically treat with a combination of chiropractic care, massage therapy, or physical therapy. Just a few months of treatment can cost more than $5,000.
More serious injuries can cause the medical bills to skyrocket quickly. Just an initial visit to the ER with a CT scan or MRI will likely exceed $10,000. Any time a person is admitted to a hospital or needs surgery, the cost can quickly become too much for any middle class family to bear. With the right insurance coverage, however, those bills can be an afterthought and you can focus on your recovery.
When deciding what coverage to get, always err on the side of more. A policy with $35,000 in Personal Injury Protection is a good start. The Underinsured Motorist Coverage should be at least $100,000 but $250,000 is much better. Never settle for the minimum policy even if it saves you a little money up front. No one expects to be involved in a collision but if you are, it is nice to know that you have a policy that can take care of your finances so you can take care of you.
Unfortunately just having the right coverage does not always mean you will be fairly compensated. Protecting your rights and your financial well-being starts with being prepared and knowing what to do if you are involved in a collision. Stopping your insurance company from delaying, denying, or wrongfully defending your legitimate claims is the focus of practice. If you need help with a car accident injury claim, please do not hesitate to contact our attorneys at Sadler Ladenburg. We help victims of car accidents in Tacoma, Seattle, Olympia and all of Washington. If you just want to learn more about auto insurance and the injury claim process, you can request a free copy of Erik Ladenburg's book What Insurance Companies Don't Want You To Know by clicking here.
Most people have car insurance but many do not fully understand their policies and what is covered. Often people do not even read their policy until after they have been injured in a car accident and are considering hiring a car accident lawyer to help them recover their damages. This articles breaks down the basic categories of auto insurance so you can know what you need before you are injured in a car crash and need a personal injury attorney.
Defective metal on metal hip implants have been causing serious and permanent harm to people for years. On Monday March 20, 2017, the 11th Circuit judicial bench affirmed the $2.1 million jury verdict in the first Wright Hip Implant trial.
The plaintiff in the trial claimed that Defendant’s hip replacement implant was defective and that Defendant failed to adequately test the device before introducing it to the public market. The Plaintiff further claimed that Defendant failed to warn both patients and doctors of the risks associated with the device and chose instead to aggressively market the product as an extremely durable implant, ideal for more active patients. Plaintiff alleges that she was in the middle of a yoga class when she heard a “crunch” and realized her hip implant had been dislodged. The Plaintiff was forced to undergo revision surgery where it was discovered that metal debris from the implant had spread to the surrounding soft tissue.
Other manufacturers of metal on metal hip implants have faced similar lawsuits. Many of these devices have been recalled but there are thousands of people still walking around with these implants that could fail at any moment. People with metal-on-metal implants manufactured by Stryker and Wright should be on the lookout for any signs of a defective hip implant. According to the FDA, the following symptoms, if experienced three or more months after surgery, may indicate that a hip implant is not functioning properly:
Hip, leg or groin pain;
Swelling at or near the hip joint;
Popping, grinding, clicking or squeaking sounds from the hip joint; and
A limp or change in mobility.
In addition, patients should monitor for symptoms of metal poisoning. According to the FDA, the signs of metal toxicity include:
Impaired kidney function;
Thyroid problems, including weight gain, neck discomfort, fatigue and feeling cold;
Depression, cognitive impairment or other psychological issues;
Hearing or vision impairments; and
Cardiomyopathy, a condition that weakens and enlarges the heart muscle.
If you or a loved one is experiencing any of these issues or has a metal on metal hip implant that has failed and been removed, please do not hesitate to contact Personal injury attorneys Sadler Ladenburg to get answers to your questions. The attorneys Sadler Ladenburg help injured victims throughout Washington State. If you need a hip implant attorney, do not delay and contact us today.
A $2.9 million verdict has been handed down in a medical malpractice lawsuit against Exodus Healthcare. The lawsuit was filed in the Third Judicial District Court in Salt Lake City by the widow of a man who died after being treated by the defendant. According to the lawsuit, the 55-year-old man visited an Exodus clinic after he developed chest pains. He was misdiagnosed by a physician’s assistant at the facility and told that he was suffering from constipation, the complaint alleged. A second visit to the facility resulted in another misdiagnosis by a separate physician’s assistant and the man died four days later of aortic dissection.
The case was against Exodus Healthcare and tried in the Third Judicial District Court, Salt Lake County. The jury decided on the $2.9 million verdict on February 15, 2017. The Details of the Medical Malpractice Case were released by the plaintiff’s firm in a press release: Keith Wilcox, aged 55, was an employee for the Utah Transit Authority (UTA). One night, according to court documents, Mr. Wilcox developed chest pains. The pain eventually spread from the chest to the abdomen. According to court documents, on November 6, 2011, Mr. Wilcox visited the medical clinic Exodus Healthcare. He was seen by a physician’s assistant (PA). The PA misdiagnosed the medical condition and determined that Mr. Wilcox was suffering from constipation. Mr. Wilcox never underwent any cardiac tests such as a chest x-ray or an EKG. He was not sent to the emergency room.
According to court documents, after more than a week of continued pain, Mr. Wilcox returned to Exodus Healthcare on November 15th and met with a different PA. This PA diagnosed him with abdominal pain and constipation, once again failing to diagnose the actual medical issue. For a second time, no cardiac tests were administered. Four days after his second visit to Exodus Healthcare, Mr. Wilcox died of aortic dissection.
The Jury’s Decision According to court documents, the jury found that Mr. Wilcox was 30 percent at fault for the incident presumably because he could have potentially visited the ER of his own volition. However, the jury also found that Exodus Healthcare was 70 percent at fault and had breached the standard of care. The jury awarded $2,940,250.21 to Mrs. Wilcox and the heirs of the late Mr. Wilcox.
This case is a good example of how health care providers can negligently cause harm to patients. The personal injury attorneys at Ladenburg Law help victims of medical malpractice in Washington State obtain the justice they deserve. If you or a loved one have been a victim of medical malpractice, contact us today for a free consultation to learn your rights and options.
Medical malpractice attorneys have helped a victim of malpractice obtain justice from the VA. A U.S. Army veteran sued the Veterans Administration alleging the VA failed to timely diagnose his prostate cancer. The 18-year veteran has won a roughly $2.6 million judgement against the Phoenix VA Health Care System after a week long trial before a U.S. Magistrate. According to the ruling, the VA should have ordered follow-up test and referred the veteran to a urologist after his 2011 prostate exam in 2011. If found early, doctors say the cancer was curable. Due to the medical malpractice on the part of the VA, the cancer went diagnosed for about a year.
Failure to diagnose case is a common basis for medical malpractice claims. The personal injury attorneys at Ladenburg Law help victims of medical malpractice obtain the justice they deserve. If you or a loved one have been a victim of medical malpractice, contact us today for a free consultation to learn your rights and options.
Driving is a dangerous activity. Even if you are completely focused on the task of driving, you can be involved in a collision caused by another driver who is distracted or impaired. Knowing that other drivers are often distracted or impaired means it is more important for you to keep alert. Keeping alert starts with a good night’s rest.
New research by AAA revealed how dangerous driving can be when you’re tired. The study found that drivers who miss two to three hours of sleep a day more than quadruple their risk of getting in a crash when compared to drivers who sleep for seven hours. The AAA Foundation estimates that as many as 7% of all crashes, 13% of crashes that result in hospital admissions, and 21% of fatal crashes involve drivers who were fatigued. The impact of limited sleep on drivers’ risk of collision is similar to risk associated with driving while intoxicated.
Click here to read the entire report from AAA.
If you are the unfortunate victim of a fatigued or negligent driver, please do not hesitate to contact the personal injury attorneys at Sadler Ladenburg. We help victims of car accidents everyday.