DePuy Hip Recall Lawyers Scoff at DePuy’s “Generous” Offer

As a DePuy hip recall lawfirm, we have been watching the DePuy website to see whether they are really interested in paying full and fair compensation to anyone who was harmed by one of the ASR hip implant systems that were recalled. DePuy has made many public statements proclaiming that they were concerned and looking out for the best interests of their hip implant patients. However, these public statements are inconsistent with DePuy’s hip implant claims policy.

DePuy Hip Recall Lawyers Want You to be Compensated

depuy hip recall lawyers new jersey philadelphia scoff generous offer In the Johnson & Johnson subsidary’s first press release, which was sent out on August 26, 2010, they boasted that they would cover “reasonable and customary costs of monitoring and treatment for services.” This was their first “offer” of compensation. This vague statement really meant nothing. DePuy refused to even acknowledge whether or not they would cover lost wages, medical expenses, or any other of the typical compensatory damages that defective product makers are required to pay to makeup for the harm they cause to their patients. In this case, if you are one of the 93,000 DePuy ASR hip implant patients and your hip implant has failed, or you are concerned about metal poisoning your system, you will likely need a second hip implant surgery.

As a DePuy hip recall lawyer, I make sure to let my clients know that hip implant surgery will dramatically affect how they are able to live their lives while recuperating from surgery. In addition, there is not any medical way to determine what long-term effects may occur to patients from having a second hip implant surgery, or from the release of the DePuy chromium and cobalt metals into their bloodstream.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

DePuy hip recall lawyers believe that DePuy’s “offer” is unfair. We will continue to urge all potential DePuy hip recall clients that they are entitled to full and fair compensation. After all, they did not cause their own harm – DePuy did. Why should the cost of DePuy’s defective product be placed on the victims?

If you or a loved one are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the team at the Mininno Law Office earn you the full and fair compensation that DePuy is trying to evade.

DePuy Distributes “Helpful” Handout for Defective Implant Claims

Recently, DePuy Orthopaedics posted a patient handout for hip implant claims on its web site. This implant recall handout is supposed to provide patients with detailed information about the full amount of compensation that patients would be entitled to receive if their surgeon implanted a defective DePuy hip implant.
That handout states as follows (click on the image to enlarge):

DePuy sells Defective Hip Implants; Hires “Claims Adjustors” in Aftermath

In this country, our civil justice system deals with what happens when a corporation breaks the rules of society that are designed to keep citizens safe. Here, DePuy Orthopaedics has admittedly broken our civil rules of society by selling, for a profit, a defective product; more specifically, a defective hip implant. DePuy sold this product in order to earn a profit for its parent company, Johnson & Johnson, a publicly-traded company whose reported annual revenues of the 2008 fiscal year were $63.75 BILLION DOLLARS.

The question becomes:

What is fair compensation for a person who needs to endure pain, disability, loss of income, hospitalization, and the many risks associated with a second surgery when a $63.75 billion corporation sells, for profit, a defective hip implant?

Should a patient allow a DePuy claims adjuster, hired and paid by DePuy, decide what is their fair compensation? Would this DePuy employer be more concerned about a patient’s health and welfare, or the health and welfare of his/her employer Corporation?

NJ and PA Depuy Hip Implant Recall Attorneys

Ultimately, any person with a defective implant should consider presenting this claim to a jury of their peers to decide what would be fair compensation. DePuy’s “claim process” would shield the company from a jury of his or her peers to determine what this 63.75 billion dollar corporation should pay as fair compensation for its defective product – the ASR XL Hip Implant System.

We are strongly encouraging anyone with a potentially defective hip implant to contact the Mininno Law Office for a free case evaluation or call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.
We’ll inform you of all, not just some, of your rights.

Are You Seeking Legal Representation Against DePuy Orthopaedics?

new jersey philadelphia depuy orthopaedics hip implant recall attorneys
Everday, the Consumer Product Safety Commision issues information about defective products that are being recalled. Many people are wondering, “Are these types of defective product recalls the same as the DePuy Orhtopaedics hip implant recall?” The simple answer is no.
Ordinarily, if you purchase a defective product and it is recalled, you simply have to stop using the product and return it for a refund. Although it is inconvenient, it is a very simple issue to resolve. However, a recall involving a defective hip implant is not quite so simple. These are some of the steps that must be taken.

Determine if your surgery was before or after July, 2003. If your surgery was before this date, you do not have a DePuy hip implant as they were only available after this date.

Contact the orthopaedic surgeon who performed your replacement or the hospital where the hip implant surgery took place. Ask them, “Did I receive a DePuy Orthopaedics ASR XL Hip Implant System?” If not, your implant is not part of the recall. If, however, your doctor tells you yes, you must locate the surgeon who performed your hip replacement procedure. If that surgeon is unreachable, you can request your records from the hospital where the procedure took place. Hospitals are required to keep records of any and all implants they place in patients, and there likely will be a record of the hip implant you received.

My Hip Implant was Manufactured by DePuy; What Now?

If you have determined that your hip implant is part of the DePuy hip implant recall, you can do one of two things:

1. You can contact DePuy directly about compensation. However, you will be speaking to trained claims adjustors whose jobs are designed to settle your case at the lowest possible cost to DePuy. This course of action is not recommended.

new jersey philadelphia depuy orthopaedics hip recall attorneys defective replacement — Pictured is the ball and socket portion of the artificial hip joint that is realeasing metal particles in the bloodstream after wear and tear to the implant.

2. You can contact the Mininno Law Office regarding the recall. Here, we can ensure that a fair and reasonable claim can be presented to DePuy. It will include a claim for:

– Any additional testing and treatment;
– Medical treatment for any problems associated with the defective implant;
– Revision surgery for the explantation of the defective implant, and re-implantation of a non defective hip implant;
– Out-of-pocket medical expenses;
– Additional compensation such as lost work, time, and travel expenses; and
– Money damages to the full extent of the losses and harms caused by the defective hip implant.

NJ and PA DePuy Recall Attorneys at the Mininno Law Office

Our system of civil justice demands that people who have been injured becasue of a wrongdoer’s negligence must be compensated. If you or someone you know has a DePuy hip implant, please call us for a free consultation at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.
We can offer you more information regarding the full compensation to which you may be entitled.

DePuy Hip Implants RECALLED

new jersey philadelphia defective products attorneys depuy hip replacements implants DePuy Orthopaedics, a division of Johnson & Johnson, has recently recalled it’s line of ASR hip implant systems used in hip replacement surgeries.
It seems the implants are defective products, malfunctioning in a few different ways.

Sometimes, the DePuy Hip Replacements are loosening, meaning that the implant is no longer attached to the bone in the right position. In other instances, the implants are dislocating, and the two parts of the system that move together are no longer aligned.
Metal particles are wearing off of the ball socket components of the implants that rub together, and, over time, can cause fluid build-up in the muscles surrounding the joint. These metal particles could potentially cause significant harm the muscles, bones, and nerves around the hip.

Have you Recently Undergone Hip Replacement Surgery?

If you have recently received a hip implant, and find that you are suffering through pain that exceeds the expected recovery period, you may have received a defective implant from DePuy Orthopaedics.
Contact your orthopaedic surgeon to find out who manufactured your implant, and then contact a defective products attorney at the Mininno Law Office: we will work hard to fight for you, and earn you the compensation you deserve.

Contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Defective DePuy Hip Implants: Signs and Symptoms

DePuy Orthopaedics has recently recalled it’s defective ASR Hip Implant System, however, not every DePuy hip implant has failed. If you are a recipient of the DePuy hip replacement, you should look for any of the following signs and symptoms:

Hip Pain (with or without activity) – All patients who have had hip replacement surgery will experience some pain at first. However, the symptoms are supposed to improve and, eventually, go away. If your symptoms have gone away and have now returned, or never did go away at all, it may be a sign of a defective hip implant.
Hip Swelling – Swelling is normal in the immediate post operative period following a hip replacement. However, if you have a new onset of hip swelling following a DePuy hip implant, this may be another sign that the metal components are wearing out and causing the swelling.
Problems Walking – Finally, some patients who have been discovered to have received defective hip replacements complain of problems walking. This problem is usually caused by the body’s reactions to the metallic particles which have worn away from the DePuy hip implant. This may be one of the most serious signs or symptoms, because this could mean that the metal particles have caused damage to the muscles, tissue, bones, and nerves surrounding the hip joint.

click on the image to enlarge:

Depuy Recall Attorneys at the Mininno Law Office

If you are experiencing any of the above signs or symptoms, please contact the Mininno Law Office for more information and a free case evaluation.
In fact, even if you have not yet experienced the symptoms and want more information about what you should do if you have a DePuy hip replacement, call for a free consultation at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

Defective Product Recall: Over Two Million Nissans

new jersey philadelphia defective products attorneys nissan recall over two million vehicles Nissan has pro-actively recalled more than two million cars and trucks worldwide for what they have described as an “ignition problem.” The Japanese automobile manufacturer explains that an ignition part, called a relay, could potentially malfunction which would cause a vehicle to stall. The issue can be fixed in less than an hour by simply reprogramming the vehicle.

Defective Products: Nissans being recalled include any 2003 through 2006 model of the Nissan Titan, Armada, Frontier, Xterra, and infiniti QX56. Smaller models liked the March, Micra, Cube, and Note are also included. Most of the recalls are happening in Japan, with 825,000 units. The United States and Canada have a combined 726,000. Countries in Europe and Asia account for the numbers as well.

Fortunately, no accidents resulting from the ignition malfunction have been reported. Nissan is taking preventative steps by issuing this recall. Drivers who may be unsure about their model can drive into their Nissan dealership to see if theirs is on the list of recalled vehicles.

Defective Product Attorneys in New Jersey and Philadelphia

Nissan has done what so many companies fail to do. It recognized a problem and acted swiftly to solve it. Many times, companies will knowingly sell a product that is dangerous and defective, and not think twice. Nissan may have saved lives by issuing this recall.
If you or a loved one have been affected by a Defective Product of any kind, contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the NJ and PA defective product attorneys at the Mininno Law Office work hard to get you the compensation that you deserve.

Defective Product Sales Cost GlaxoSmithKline $750 Million

new jersey philadelphia defective products attorneys glaxosmithkline medicines tagamet avandia corteg An article published by the New York Times speaks of the $750 million settlement the British drug company GlaxoSmithKline has agreed to pay to end a number of civil and criminal complaints regarding knowingly defective medicines they put on store shelves for years. Such defective products include contaminated diaper cream, and an inaffective antidepressant. Twenty other medicines were sold with “questionable safety,” including the diabetes drug Avandia, the heart drug Corteg, and the acid reflux drug Tagamet.

The article goes on to say:

“[New lawsuits] have asserted that drug makers misled patients and defrauded federal and state governments that, through Medicare and Medicaid, pay for much of health care. Using claims from industry insiders, federal prosecutors are not only demanding record fines but are hinting at more severe actions”

Fortunately, no patients were known to be sickened by the defective medicines, however, that does not mean that none were. The cases would be very difficult to trace. Glaxo’s offenses were exposed when former quality assurance manager Cheryl Eckerd came forward with knowledge of the company’s wrongdoings. Thanks to laws that encourage this “whistleblowing,” Eckerd could receive as much as $96 million dollars from the federal portion of the settlement.

NJ and PA Defective Products Attorneys

Glaxo wronged millions upon millions of consumers by knowingly putting defective and potentially dangerous products on the market. Unfortunately, they are not the only company to indulge in this kind of business practice.
If you or a loved one have been affected by a defective product of any kind, contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Our New Jersey and Pennsylvania defective product attorneys are prepared to work for you and get you the compensation you are owed.

Tort Reform: How Does it Affect You?

You may have heard or read the term “tort reform” recently, regarding litigation and verdicts awarded to victims of nursing home abuse, medical malpractice and negligence, or defective products.
If you were unclear as to what it meant, read on.

new jersey philadelphia attorneys tort reform nursing home abuse medical malpractice defective products

What is Tort Reform?

Tort reform is an effort to take away the average consumer’s rights to fair compensation for substantial losses brought on by negligent manufacturers, doctors, nurses, or caregivers. Tort reform allows big businesses and other power players to get away with negligence, fraud, or other acts of harm.
These corporations, insurance companies, and their political counterparts promote an aggressive campaign of propaganda, boasting the economic benefits of tort reform, so that companies will not have to rightly compensate the people they injure. It pushes for caps on recoveries that judges and juries can award in litigation.

Who is in Favor of Tort Reform?

Tort reform advocates are a coalition of insurance companies, HMO groups, pharmaceutical companies, big businesses, and other interests who want to protect companies from liability when they harm their own consumers.

Who is NOT in Favor of Tort Reform?

Civil rights advocates, consumer advocate groups, plaintiffs attorneys, labor groups, state prosecutors, legal scholars, and more. Some of these entities include The Public Citizen, The Committee for Justice for All, Mothers Against Drunk Drivers (MADD), The Center for Justice and Democracy, and The American Association for Justice.

Who is Harmed by Tort Reform?

Consumers are the victims of tort reform. Tort reform takes away your right to a fair case, in which an impartial judge or jury looks at the facts of your case to determine liability, if you are eligible for compensation, and what that compensation should be.
We trust juries every day to determine if people are guilty of capital crimes and other serious offenses, but tort reformists claim that we shouldn’t we be able to count on them to determine fair compensation for someone whose life has been negatively affected by the negligence of another.

Particularly in the case of medical malpractice, doctors are made to appear the victims of the tort system. However, most of the damages paid to those harmed by medical malpractice comes from the deep pockets of the insurance industry.
When tort reform measures are passed and the insurance companies are shielded from paying for the mistakes of their insured, they do not pass those savings down to doctors who are charged outrageous premiums to obtain medical malpractice insurance. Our doctors are simply being used as pawns in an effort by insurance companies to pay out less in damages, and raise premiums anyway.

NJ and PA Attorneys at the Mininno Law Office

The Attorneys at the Mininno Law Office are dedicated to protecting the rights of consumers. If you have been affected by the negligence of a manufacturer, a doctor, a nurse, or a caregiver at a nursing home, contact the Mininno Law Office for a free case evaluation.
We are here to work for you, and earn you the compensation that you DESERVE!

You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

New Legislation Will Finally Hold Foreign Manufacturers Accountable

new jersey philadelphia defective products attorneys liability taishan gypsum foreign manufacturers There are currently no laws in place protecting the rights of consumers agaisnt foreign manufacturers. Foreign companies are free to manufacture defective and dangerous products, sell them in America, and suffer no consequences for their actions. But the House Energy and Commerce Committee has recently approved legislation that will finally allow the U.S. to hold foreign manufacturers accountable.
The legislation, called the Foreign Manufacturers Accountability Act, will require that foreign companies have “agents” in at least one state in the U.S. in which the company does business that will accept service of process for civil or regulatory claims. That agent will serve as a sort of liason between foreign corporations and U.S. regulators.

The approval of this legislation is a huge step for product safety in America. As of now, companies like Taishan Gypsum, a Chinese manufacturer of drywall, could produce defective products, sell them in bulk in America, and turn around and never look back. Taishan Gypsum was recently sued by homeowners from the southern United States for drywall that was emitting sulfuric acid. The emissions caused such damage that affected homes had to be demolished and re-erected.
The health implications have not even been addressed yet. Unfortunately, the ruling made against Taishan Gypsum, in the amount of 2.6 million dollars, doesn’t even matter. They are not legally bound to pay that money, nor were they legally responsible to even respond to the suit. Taishan Gypsum was 100% absent during proceedings.

NJ and PA Defective Product Attorneys at the Mininno Law Office

The approval of this legislation will make it much easier to hold foreign manufactures liable for their defective products, and will make consumers affected by defective, foreign products able to receive their due compensation.

If you or a loved one have been negatively affected by a defective product, regardless of where it was made, contact the Mininno Law Office for a free consultation. Our New Jersey and Philadelphia Defective Product Attorneys will work to get you the compensation you deserve.
You can also call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Products Liability at McDonald’s

products liability defective products new jersey philadelphia attorney We’ve all heard about Liebeck v. McDonald’s, more commonly known as the “McDonald’s Coffee Case” of 1994. It was a products liability case that became, as ABC News called it, the “poster child of excessive lawsuits.” It’s easy, without knowing the facts of the case, to scoff at someone who would sue for being burnt by hot coffee.
Coffee is coffee, it’s supposed to be hot! But, is it supposed to be hot enough to cause third degree burns?

Stella Liebeck was 79 when she was in the passenger seat of her Ford Probe, as her grandson drove her through the drive thru of a Mcdonald’s Fast Food Restaurant in New Mexico. He pulled the car over so that Stella could add cream and sugar to her coffee. Stella put the cup between her knees and lifted the lid slightly. At that point, she spilled the entire cup of coffee on her lap. Her cotton sweatpants absorbed the coffee, holding it to her skin for over a minute and a half.
The coffee scalded her thighs, buttocks, and groin. At the hospital, it was determined that she had sustained third degree burns on 6% of her skin, and lesser burns on 16% of her skin. She remained in the hospital for 8 days and underwent skin grafting. In that time she lost 20% of her body weight, reducing her weight to 83 pounds, and causing an additional 2 years of treatment.

Liebeck sought to settle for $20,000 to cover her medical bills, which amounted to $11,000. McDonald’s offered $800. After McDonald’s refused her offer, Liebeck retained attorney Morgan Reed, who brought a case against McDonald’s, accusing them of “gross negligence” in making a product that was “unreasonably dangerous” and “defectively manufactured.”
Reed made a settlement offer of $90,000, which McDonald’s rejected. He made another offer of $300,000, followed by a mediator suggested offer of $225,000. McDonald’s rejected both of them, and the case went to trial.

In trial, Reed exposed that McDonald’s was serving coffee at temperatures of 180-190 degrees Farenheight. At this temperature, the coffee could cause third degree burns in 2-7 seconds. Reed also revealed during litigation that between 1982 and 1992, McDonald’s received over 700 reports of people being burned by coffee, and had settled claims for scalding injuries for over $500,000.
In the end, Liebeck was awarded just under $600,000 in punitive and compensatory damages.

Tort Reformists call this a “frivolous” lawsuit, and claim that it’s cases like this that are stressing the economy. But a case like this is far from frivolous. McDonald’s was serving coffee that had the potential to truly harm their customers. As we can see, it did. No labeled warning can replace a manufacturer’s responsibility to keep consumer safety a number one priority.

Product Liability Attorneys at the Mininno Law Office

Nowadays, we see more and more fault in our system regarding foreign manufacturers and their seeming exemption from U.S. regulations on product liability. But even native manufacturers are producing products that are defective and unsafe. Defective products are dangerous, and potentially harmful or fatal.

If you have been injured by a defective product, you may be entitle to compensation. Contact the Mininno Law Office for a free case evaluation, or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.