Category

Medical Products Lawsuit

Boca Personal Injury Lawyer Discusses Johnson & Johnson $417 Million Baby Powder Cancer Award

By | Medical Products Lawsuit, Medical Products Liability | No Comments

The link between baby powder and cancer has been in the news in recent years. In August 2017, a California jury awarded a woman $417 million in a personal injury lawsuit against Johnson & Johnson. The jury’s award includes $70 million in compensatory damages and $347 million in punitive damages. Juries and judges award punitive (punishment) damages in cases where they want to send a message to companies and other defendants about wrongdoing.

Does Baby Powder Cause Cancer?

In the California case, the plaintiff was a 63-year-old woman who said she used baby powder as part of her feminine hygiene routine since she was 11 years old. She was diagnosed with ovarian cancer in 2007. She also claimed she stopped using the baby powder in 2016 after hearing stories of women who had suffered ovarian cancer in connection with talcum or baby powder. The woman said she would have stopped using baby powder for that purpose if there had been a warning label on the bottle.

According to the Food and Drug Administration (FDA), baby powder is classified as a cosmetic, which means it does not have to undergo the type of FDA review required for pharmaceuticals. As CNN reports, “Some other talc-based powders on the market carry labels that mention possible risk of ovarian cancer after frequent application in the female genital area.”

The International Agency for Research on Cancer, which is part of the World Health Organization, has conducted studies on baby powder and found it to be “possibly carcinogenic to humans.”

5,500 Baby Powder Cancer Claims

The $417 million verdict is not the first of its kind—nor is it the first time Johnson & Johnson has faced a lawsuit related to cancer and baby powder. As Bloomberg reports, there are currently over 5,500 cases on this issue pending against Johnson & Johnson across the country. Bloomberg also reports that the company has lost four previous jury verdicts totaling $300 million.

Court records show that the Cancer Prevention Coalition put Johnson & Johnson on notice as early as 1994 that baby powder poses “a serious risk of ovarian cancer.” Evidence also shows that a Johnson & Johnson medical consultant circulated an internal memo in 1997 stating that “anybody who denies” the link between baby powder and ovarian cancer is “denying the obvious in the face of all evidence to the contrary.”

Boca Personal Injury Lawyer Discusses Cancer Risks in Products

Boca personal injury lawyer Joe Osborne explains, “Manufacturers of products have an obligation to warn consumers of known risks associated with using their products. Chances are, most Americans have used at least one Johnson & Johnson product in their home. No one should have to worry that their personal hygiene products can make them seriously ill.”

Contact a Boca Personal Injury Lawyer Today

If you or a loved one has suffered an injury or illness caused by talcum or baby powder, don’t wait to speak to a lawyer. Contact Boca personal injury lawyer Joe Osborne today at (561) 800-4011

 

Sources:

FDA Regulations on Transvaginal Mesh Products Increased

By | Defective Medical Devices, Medical Malpractice, Medical Products Lawsuit, Transvaginal Mesh, Transvaginal Mesh Lawsuit, Transvaginal Mesh Products | No Comments

Regulations on Transvaginal Mesh Products Increased by the FDA

Transvaginal mesh products have been used since the early 1990s with very little regulatory oversight. In the more than twenty years that followed, thousands of patients suffered unanticipated complicated and injuries due to the implant. As of January 4th of 2016 the FDA has announced that there are increased regulations for transvaginal mesh devices.

This has been a slow process for the FDA to take action. Studies conducted throughout 2008-2010 showed that the devices were becoming progressively dangerous for their recipients. The FDA even found that other natural means may be more effective than these artificial implants. Despite this information, manufacturers have knowingly continued to sell these dangerous implants. According to Boca Raton defective medical device attorneys, this knowing endangerment of consumers creates a great deal of potential liability for people that have received these transvaginal mesh implants.

These new regulations do not mean that consumers are out of danger. Some components of the regulations do not really impact the device manufacturers until 2018. Our leading Boca Raton medical device liability attorneys are concerned there will be many more innocent victims who receive these dangerous implants and suffer injuries as a result before the FDA protects them. Your only recourse is taking legal action to hold the manufacturers financially accountable.

There are 34 transvaginal mesh manufacturers in the United States. There are tens of thousands of potential victims that are suffering injuries from these faulty implants. Anyone that has one of these devices, even without current complications, is encouraged to speak with both a medical doctor and a products liability attorney to learn about their rights and options for ensuring their well-being.

You should be proactive if you have had a transvaginal mesh product implanted. At Osborne & Francis Law Firm PLLC, our Boca Raton transvaginal mesh device attorneys have already successfully recovered millions of dollars in compensation for these victims. Call us at 561-293-2600 or contact us online to schedule a free initial consultation to discuss your legal options.

Update On Stryker Hip Lawsuits

By | Defective Medical Devices, Hip Replacements, Medical Products Lawsuit, Medical Products Liability, Metal on Metal Hip Replacement, Stryker Hip Replacement | No Comments

Update on Stryker Hip Lawsuits

With compensation payments under the Stryker hip replacement settlement agreement almost complete, what’s next for other victims of the ABG ii modular-neck hip stem and rejuvenate modular-neck hip stem devices?

A settlement arrangement for damage caused by these products was reached late last year that covered eligible claimants who underwent revision surgery prior to November 2, 2014. Originally, these patients were only given a few weeks to enroll, though the deadline was extended many times, finally closing on April 16, 2015. Stryker informed the courts on June 12, 2015 that 95% of patients who were eligible to file under the settlement had enrolled in the program. Stryker estimated that payment distributions, which will likely exceed $1.4 billion, would be completed this fall.

By no means has the chapter closed on this issue, however. Patients continue to experience problems, and there are certainly many other potential victims out there that were not eligible for the recently closed settlement program.

Patients continue to experience problems due to Stryker’s hip implant products

The U.S. Judicial Panel established multidistrict litigation in June 2013 for ABG II and Rejuvenate lawsuits in U.S. District Court for the District of Minnesota. MDL 13-2441 occurs on a federal level. Patients throughout the United States who wish to bring federal claims against Stryker for damages they have suffered due to the company’s hip implants are typically transferred to this centralized multidistrict litigation.

The initial settlement program, that is now closed, paid compensation to about 4,000 claimants. But approximately 20,000 patients received ABG II or Rejuvenate hip implants. In January, more than 2,000 cases were pending as part of MDL 13-2441, and the numbers make it evident that new claimants will continue to file for yet some time. It’s not yet known whether the company will enter into a new settlement agreement to establish a program to address the yet uncompensated victims of their products. But the Stryker 2015 third quarter market report demonstrates that the company appears to be operating strongly with increasing net sales.

At Osborne & Associates, P.A. our team of medical products and device liability attorneys are skilled in handling complex medical device injury claims, such as Stryker hip replacement injuries. We understand these multi-jurisdictional cases and our combined experience spans more than five decades. If you or someone you care about has experienced problems due to a Stryker hip implant device, please call us at 561-293-2600 or contact us online to discuss your case in-depth.

Stryker Hip Replacement Cases Find Way to Court

By | Defective Medical Devices, Hip Replacements, Medical Products Lawsuit, Medical Products Liability, Metal on Metal Hip Replacement, Stryker Hip Replacement | No Comments

Problematic Hip Replacement Cases Find Way to Court

Osborne & Associates Law Firm, P.A. takes its first Stryker hip replacement failure case to trial

Boca Raton, FL.—A surge of newly filed lawsuits across the country are drawing attention to legal issues involved specifically around Stryker hip replacements. Osborne & Associates Law Firm, P.A., a leading mass tort law firm in Boca Raton, Florida sends its first Stryker hip case to trial this December.

Stryker voluntarily recalled its Rejuvenate, ABG II and Accolade modular-neck hip stems in 2012 after the implants showed signs of corroding and fretting, according to DrugWatch. Severe, crippling pain has led patients to mandatory revision surgeries. In addition to the discomfort, the Stryker hip replacement failures have been found to cause metal poisoning and can lead to medical concerns for the heart, nervous system and thyroid.

So far, thousands of lawsuits have been filed against the manufacturer. Some of the cases filed against Stryker include:

  • Failure to properly test the device
  • Failure to market the product correctly to doctors and the public
  • Failure to warn about dangers and risks
  • Product corrosion, leaving metal toxicity in patients

Stryker has a responsibility to supply properly designed products with warnings about risks to the public. According to Stryker, the combined recall and lawsuits could cost the company as much as $1.3 billion. Injured victims may be compensated for:

  • Medical expenses involving hip replacement
  • Healthcare and caregiver costs
  • Physical or mental pain and suffering
  • Loss of consortium or any other punitive damages

The Boca Raton attorneys at Osborne & Associates Law Firm, P.A have extensive experience successfully litigating even the most challenging cases, helping clients determine if and when to file a Stryker hip replacement lawsuit. Previously, they have helped numerous clients recover lost wages, pain and suffering and medical bills after faulty devices produced by Wright Medical caused similar medical concerns. Other successful recovery stories Osborne & Associates boasts include cases fought against the Fresenius Medical Care manufacturer for GranuFlo, a dialysis treatment product and Bair Hugger Therapy products used to treat hypothermia during surgery.

If you have a Stryker hip replacement and need help, call Osborne & Associates Law Firm, P.A. at (561) 293-2600 or visit their website at oa-lawfirm.com to schedule a free consultation. Each case is strategically crafted to help victims recover substantial compensation for their injuries. In addition to medical device litigation, the firm covers cases involving products liability, personal injury and medical malpractice.

Granuflo Lawsuits Are On The Rise

By | Medical Products Lawsuit, Medical Products Liability | No Comments

Following a Class I FDA Recall, GranuFlo and NaturaLyte Lawsuits on the Rise

Fresenius Medical Care is one of the largest manufacturers and suppliers of dialysis machines and disposable products. In addition to its own clinics, Fresenius also supplies many other dialysis treatment centers and clinics. GranuFlo is a powdered chemical that uses sodium diacetate to create bicarbonates. NaturaLyte is the same type of chemical but is administered in liquid form. High levels of bicarbonates are known to cause significant health problems. Dialysis patients receiving GranuFlo or NaturaLyte treatments may be six to eight times more likely to experience fatal cardiac arrest.

Following a dramatic increase in the number of complaints and adverse events linked to GranuFlo, the Food and Drug Administration (FDA) issued a Class I Recall on March 29, 2012. A Class I recall is the highest level of recall and is issued for products which present a strong danger of serious injury or death.

Currently, there are more than 1,800 pending lawsuits against GranuFlo and NaturaLyte with the first trial slated to begin in January 2016. These lawsuits allege that Fresenius “intentionally, recklessly and/or negligently concealed, suppressed, omitted and misrepresented the risks, dangers, defects and disadvantages of GranuFlo and NaturaLyte.”

Current evidence supports claims that Fresenius was aware of the dangers associated with GranuFlo, specifically an increased risk of cardiac arrest, and willfully failed to warn all clinics and doctors that used these chemicals. An internal memo from Fresenius claimed that 914 patients undergoing dialysis treatments at Fresenius-owned clinics experienced cardiac arrest in 2010. Company employees concluded that these patients all had excessive levels of bicarbonates in their blood.

If you or a loved one suffered health complications due to dialysis treatments you may be able to recover significant damages for:

  • Medical expenses
  • Lost wages
  • Emotional and physical suffering
  • Wrongful death

It is important to seek legal advice as soon as possible to ensure you have the best chance at receiving maximum compensation. Schedule a free initial consultation with the Florida medical product liability attorneys at Osborne & Associates to explore your options.We can be reached at 561-293-2600 or online.