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.
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 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.