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Posts tagged "defective medical device"

$41 Million Awarded to Woman Injured by Vaginal Mesh

On February 1, 2019, a jury ordered Johnson & Johnson to pay $41 million to a Pennsylvania couple after the woman was injured by vaginal mesh. The woman, Suzanne Emmett, was implanted with the mesh in early 2007. Not long after, Emmett began experiencing complications with the mesh, when it began eroding through her soft tissues. She experienced discomfort, bleeding, infections, painful sex, and other symptoms. Despite having nine surgeries, in an attempt to correct the problems, Emmett continues to suffer from scarring and other permanent problems to this day.

Spinal-Cord Stimulators Injury Rates Among Highest of All Medical Devices

Spinal-cord stimulators may be far more dangerous than previously understood, according to recent research. As part of a joint investigation into the medical device industry that involved more than 250 journalists and more than 50 news organizations, Associated Press research revealed that over 80,000 injuries involving the implantable devices had been reported to the U.S. Food and Drug Administration since 2008-the third-highest number for any type of medical device.

FDA Seeks to Improve Hospital Reporting of Injuries Caused by Medical Devices

Inspections at 17 hospitals revealed widespread under-reporting of injuries and deaths associated with medical devices. The U.S. Food and Drug Administration is seeking to improve the under-reporting following the high profile safety concerns involving power morcellators and contaminated duodenoscopes.

Contaminated Medical Device Allegedly Causes Fatal Infection

Carla Warner, widow of Willie Warner, has sued the makers of a diagnostic instrument and the machine designed to clean it after her husband contracted a fatal infection. Olympus America Inc. and Custom Ultrasonics Inc. have been sued over the safety and reliability of their medical scopes and machines. The suit filed in federal court in Pennsylvania alleges fraud, negligence, and breach of warranty and asks for compensatory and punitive damages.

Defective Medical Equipment Results in Death

The U.S. Food and Drug Administration (FDA) issued another warning in regards to artery clearing tools. The devices are part of a new system used to open constricted arteries to help blood flow via cutting plaque from artery walls. In September. the FDA reported an incident where a wire piece from the component broke off and punctured a blood vessel, resulting in the patient's death. Two similar fatalities have also been reported in relation to the defective product. Several additional incidents have prompted emergency surgeries to retrieve dislocated parts. In one surgery the debris was unable to be extracted. Marlborough based Boston Scientific, the product manufacturer, issued a recall on October 9th.

Dangers of the Recovery Filter

The Recovery filter, a medical product used to prevent blood clots, has come under fire recently for being responsible for at least 27 deaths over the course of 10 years. The filter, a device inserted in the largest vein of the body, is prone to fragmentation and detachment, resulting in severe injuries and even death.

Olympus Under Investigation for Possible Defective Equipment

The company that manufactured the medical devices tied to a deadly "superbug" outbreak in California is being investigated by the United States Justice Department. The Associated Press reports Olympus Corp. of the Americas (an arm of Japan's Olympus Corp.) is being investigated for possible violations of false claims and anti-kickback laws.

Federal Judge Says Mesh-Implant Manufacturer Could be Liable for Billions

U.S. District Judge Joseph Goodwin recently said that juries may find C.R. Bard, Inc. liable for billions of dollars in damages due to injuries consumers suffered from Bard's defective vaginal mesh-implants.

Medical Implant Manufacturer, Stryker, Settles Hip Implant Lawsuits for Over $1 Billion

Fortune 500 medical device manufacturer Stryker Corporation has reached an agreement to settle thousands of lawsuits with patients who have been forced to have surgery to remove their problematic hip implants. The medical implant manufacturer is expected to pay at least $1.43 billion to thousands of patients across 39 states. Indeed, according to attorneys that negotiated the deal, "the settlement represents one of the largest medical device settlements with an unlimited compensation fund."

Jury Finds Johnson & Johnson Liable in Mesh Trial

Johnson & Johnson (JNJ) was ordered by a Texas jury to pay $1.2 million to a woman who alleged one of the company's lines of vaginal-mesh implants to treat incontinence was defectively designed, in the first verdict against the company over those devices. Jurors in Dallas determined the design of the TVT-O mesh sling implanted in Linda Batiste was flawed. The jury found $1.2 million in compensatory damages.

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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