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Medical Products Liability

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

 

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Boca Raton Drug Litigation Lawyer Connects Talcum Powder to Cancer in Women

By | Dangerous Drugs, Medical Products Liability | No Comments

Jury awards $72 million to estate of woman who died of talcum powder related ovarian cancer. The drug litigation attorneys at Osborne & Associates help others in the same situation.

A St. Louis jury awarded $72 million in damages in a talcum powder lawsuit for a woman who claimed her longtime use of  products containing talc caused the ovarian cancer that eventually killed her, reports the St. Louis Post-Dispatch. The state court jury found in February the company failed to warn the public and conspired to hide the truth about the risks talcum powder could cause ovarian cancer, reported drug litigation attorney Joseph Osborne, whose firm was not involved with the case.

Given the size of the talcum powder lawsuit verdict,  the health care giant based in New Jersey, is expected to appeal in hopes of overturning the verdict or at least reducing the damages award. The plaintiff is the estate of Jacqueline Fox who died at age 62 of ovarian cancer after an estimated 35 years of using the defendant’s products.

The verdict for the plaintiff was for $10 million in actual damages and $62 million in punitive damages meant to punish the  pharmaceutical company for trying to cover up the link between talc and ovarian cancer. It’s been estimated there are at least 1,200 pending lawsuits by women who claim their ovarian cancers were caused by talcum powder.

The trial took more than three weeks but the jury only needed about five hours to come to their decision. After the verdict, talcum powder lawsuit jury member Jerome Kendrick stated the defendant’s internal documents used as evidence influenced him to vote for the plaintiff. Kendrick said the company tried to cover up the dangers of talc and influence government boards regulating cosmetics that use talc. He said the jury came to the $62 million total for punitive damages by multiplying $1 million by the number of years Fox lived.

The plaintiff’s attorney stated that internal memos showed the defendant spent thirty years preparing for litigation due to the cancer risk posed by talc. He claimed one document discussed declining product use due to increased awareness of the health risk and more products could be sold by targeting African Americans (which Fox was) and Hispanics as the highest users of talcum powder.

The talcum powder suit involving Fox’ estate involves 58 plaintiffs with more individual trials coming. Not all of the plaintiffs have the same damages as some were successfully treated for ovarian cancer while others died of the disease.

The American Cancer Society estimates about 22,280 women in the country will be diagnosed with ovarian cancer this year and about 14,240 women will die of the disease. An epidemiologist who testified for the plaintiff claims about 10% of ovarian cancer deaths are linked to talc use. A pathologist testified talc was found in Fox’s ovaries which resulted in inflammation which later caused her cancer.

The defendant is one of the world’s largest companies involved in personal care products, pharmaceuticals and medical devices. The company started in 1886, has more than 265 operating companies across the globe employing 126,500 people and from 2010 to 2014 it earned $16.3 billion in profits from $74.3 billion in sales.

If you or a loved one has been diagnosed with ovarian cancer and used talcum powder in the past contact the drug litigation attorneys at Osborne & Associates today so we can talk about your situation, whether you may be entitled to compensation for your injuries and your best legal options for the future.

 

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.

Did a Deadly Blood Clot Filter Get FDA Approval For Use With a Fraudulent Signature?

By | Defective Medical Devices, Medical Products Liability | No Comments

C.R. Bard’s Recovery filter is linked to hundreds of injuries and several deaths, calling approval process into question

NBC News recently opened an investigation into the Recovery filter by C.R. Bard, Inc., a medical device designed to help decrease a patient’s risk of blood clots hitting the lungs or heart. Reports from hundreds of patients about serious medical issues after implantation, as well as at least 27 deaths, show that the device may cause more harm than good.

When patients or doctors argue that a medical device is defective, one of the first questions asked is about how such a product made it to the general market. Many are calling the approval process into question as it relates to the Recovery filter, since further research has highlighted the serious risks associated with implantation.

C.R. Bard’s march toward approval for this device started back in 2002, when the company hired a regulatory specialist by the name of Kay Fuller to help them obtain clearance from the Food and Drug Administration (FDA). The FDA had already rejected one of Bard’s applications. The device is a small metal trap, designed for implantation inside a patient’s inferior vena cava to stop blood clots from entering the heart or lungs.

Fuller has since shared her own concerns with the device as a result of a small clinical trial early on. She said she was not allowed to see the results of that vital performance test, raising red flags for her. When she shared those concerns with officials at Bard, she felt they did not want to hear what she had to say. According to Fuller, the company made it clear that she would not be a part of the process unless she let the issue go. Her response was to deny signing the document for the FDA application. The FDA application, however, bears her name on the signature line.

When Fuller had the chance to review the document, she was firm in her belief that it was not her signature and provided a sample of her signature to NBC News as proof. There was a notable difference in the two signatures. Fuller shared her concerns about the device with the FDA, but resigned from her position at Bard. Once C.R. Bard obtained regulatory clearance to market the Recovery filter, it was implanted in at least 34,000 patients.

If you or someone you love has suffered the consequences of the Bard IVC Recovery filter, contact premier Boca Raton defective device attorneys at Osborne & Associates Law Firm, P.A. for a consultation. We can be reached by phone at 561-293-2600 or contact us online. Our attorneys have more than 50 years of combined experience helping injured victims throughout South Florida recover the compensation they deserve.

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See the NBC News story by clicking the links below.

Part 1 – Did Blood-Clot Filter Used on Thousands of Americans Have Fatal Flaw?

http://www.nbcnews.com/health/health-news/did-blood-clot-filter-used-thousands-americans-have-fatal-flaw-n384536

Part 2 – Did Forged Signature Clear Way for Dangerous Blood-Clot Filter?

http://www.nbcnews.com/health/heart-health/did-forged-signature-clear-way-dangerous-medical-device-n417246

Dangerous Blood Clot Filter May Put Patients at Risk

By | Defective Medical Devices, Medical Products Liability | No Comments

Why the Recovery filter is getting negative press for fatal and serious injuries

In a time when defective medical devices and medications are unfortunately all too common, now questions are being raised about the Recovery filter, which allegedly has put thousands of Americans at risk for deadly blood clots. Perhaps what’s most alarming about this story is not that the device has flaws- but that there is evidence indicating the manufacturer, C.R. Bard, Inc. may have known about it and sold the devices in spite of the potential risks.

The device works by inserting into a patients largest vein, the inferior vena cava, to prevent blood clots from reaching the lungs or heart — a pulmonary embolism. To date, at least 27 patients have died after having the Recovery filter implanted. According to an investigation by NBC News, there are hundreds of other patients who have suffered non-fatal issues, too.

One patient, Dodi Froehlich, had the filter implanted after a serious car accident that put her at a high risk for blood clots. Dodi considers herself lucky to have escaped death after being a victim of this supposedly-helpful filter. Just a few months after it was implanted, she passed out after getting a serious headache. What doctors discovered was that part of the filter broke off and penetrated her heart, initiating immediate and risky open-heart surgery. Even though Dodi’s life was saved by the surgeons who were able to remove the piece of the filter, other patients have suffered a deadly fate.

Shortly after patients began reporting issues with the filter, C.R. Bard hired a public relations firm. The PR firm created a crisis management plan to minimize the defective device’s impact on the manufacturer’s reputation and stock prices. Bard also hired a private physician to conduct an in-house study, the results of which showed that this particular filter came with a higher risk of fracture, movement, and death when compared to IVC filters manufactured by Bard’s competitors.

Rather than recalling the device at this point, the company continued to sell this version of the filter for three more years before replacing it with a modified device known as the G2. This development is concerning, given that nearly a quarter of a million blood clot filters are implanted in patients every year from 11 different companies, but Bard’s first version showed signs of problems early on.

If you or a loved one have been injured by a defective medical device like the Recovery filter, contact leading Boca Raton defective medical device attorneys at Osborne & Associates Law Firm, P.A. to learn about your legal options. Our office is conveniently located in Boca Raton and we serve clients in Boca Raton, West Palm Beach, Broward County and throughout South Florida. Call 561-293-2600 or contact us online.

 

Clink the links to see the full story by NBC News.

Part 1 – Did Blood-Clot Filter Used on Thousands of Americans Have Fatal Flaw?

http://www.nbcnews.com/health/health-news/did-blood-clot-filter-used-thousands-americans-have-fatal-flaw-n384536

Part 2 – Did Forged Signature Clear Way for Dangerous Blood-Clot Filter?

http://www.nbcnews.com/health/heart-health/did-forged-signature-clear-way-dangerous-medical-device-n417246

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.