Joe Osborne Helps Secure Settlement for Hundreds of Patients Effected by Stryker’s Recalled V40 Hip Implant
Osborne & Francis Founding Partner Joe Osborne was a member of the executive committee that successfully consolidated and settled a group of lawsuits against the medical technology company Stryker in November of 2018. According to court documents, Stryker’s LFIT Anatomic CoCr V40 Femoral Head harmed patients when normal wear and tear to the metal-on-metal artificial hip joint released toxic metal particles into the recipient’s body.
The settlement was made possible by Osborne’s work with the executive committee that sought to consolidate the multidistrict litigation against Stryker into a single district. The suits were consolidated in the District of Massachusetts in April of 2017, paving the way for the November 2018 settlement that compensated “hundreds and hundreds” of patients who received the Stryker hip. Because the cases were settled confidentially, the number of cases settled and the compensation paid out by Stryker were not disclosed.
Joe Osborne was invited to join that executive committee because of his history of successful litigation against Stryker and his broader experience with mass torts and class actions involving medical devices. In 2014, Osborne was on the steering committee for suits over the Rejuvenate modular neck device that forced Stryker to compensate patients with more than $1 billion.
Greg Francis Secures $1.25 Billion for Black Farmers in a Historic Civil Rights Case Against the United States Department of Agriculture.
Greg Francis served as lead counsel for the team of lawyers that reached a $1.25 billion settlement with the USDA on behalf of black farmers from around the country.
Tens of thousands of black farmers allegedly suffered systematic discrimination at the hands of the United States Department of Agriculture between 1981 and 1996. During that period and as part of the discrimination, the USDA allegedly denied black farmers loans, subsidies and other benefits provided to white farmers.
As part of the settlement, more than 33,000 individual black farmers or their heirs received payments of $50,000, plus an additional payment of $12,500 paid to the Internal Revenue Service to cover the taxes owed on the awarded amount. This marks the largest civil rights settlement in U.S. history.
Joe Osborne Secures $2 Million For Plaintiff Dr. Brian McDonald in Zimmer Kinectiv Hip Implant Trial
Joe Osborne and co-counsel Randi McGinn secured what is believed to be the first verdict in the country for the Kinectiv Technology hip implant manufactured by Zimmer.
One month after the initial surgery McDonald required revision surgery, replacing all components except for the stem base. An additional surgery was performed 16 months later, which was followed with a 6-week course of IV antibiotics as all of the necrotic tissue caused by corrosion induced metallosis was not able to be removed. The court stated that it “is more than probable” that he will need a third even more complex revision surgery sometime in the future.
The court found that Zimmer did not fully or adequately test the configuration of the new modular design as they tested the individual components in isolation when it is known that there is an interaction between components of the system and performance of the system.
The court further found that “the unreasonable risk of metallosis, whether from corrosion, micro-motion, fretting or some other mechanism, makes the MLTK with a metal CoCr head a defective product.”
For further detail read the full Findings of Fact & Conclusions of Law.
Joseph Osborne Secures $26.7M Verdict For Multi-Plaintiff Injuries From Boston Scientific Pinnacle Mesh Device
Joseph Osborne was part of a trial team that secured the first federal court verdict in the country against Boston Scientific regarding injuries to four women from the Pinnacle mesh device. Jurors awarded Osborne’s client more than $6.7 million. Boston Scientific Corp. was ordered to pay $26.7 million to the group of women who claimed injuries from the company’s vaginal inserts. Jurors awarded Amal Eghnayem, Osborne’s client, more than $6.7 million.
“Jurors in federal court in Miami in November 2014 found Boston Scientific officials designed their Pinnacle pelvic-organ implants defectively and failed to properly warn doctors and their patients about the device’s risks” Joseph Osborne, said in an interview with Bloomberg.
The verdict is the first in a federal case against Boston Scientific over the Pinnacle inserts and the first to combine more than one plaintiff’s claims.
Joseph Osborne Secures Multi-Million Dollar Settlement Trasylol Settlement with Bayer Pharmaceuticals for $9.475 million
Joseph A. Osborne was appointed to the Plaintiffs Steering Committee for the Trasylol Multidistrict Litigation in West Palm Beach, Fl. Trasylol, a drug used to limit bleeding during heart surgery, was marketed by Bayer Pharmaceuticals as a safe and effective medication. In 2006, after the drug had been on the market for nearly twelve years and was used in approximately one-third of heart operations in America, a study performed by Doctor Dennis Mangano indicated that the use of Trasylol had serious side effects. These included kidney damage, kidney failure, and even death. Bayer took little notice of Dr. Mangano’s findings and continued to sell the drug for another two years, until, the FDA urged that Trasylol be withdrawn from the market in November 2007.
In this two year period, Trasylol was found to be the cause of approximately 22,000 deaths and numerous catastrophic injuries. Through aggressive advocacy, and most importantly, unparalleled dedication and support for its clients, Joseph A. Osborne was pleased to announce a settlement of $9.475 million with Bayer to resolve its Trasylol claims.