DePuy Hip Recall News Update

As New Jersey and Philadelphia DePuy hip recall lawyers, we have been posting information regarding the DePuy hip recall and how it is affecting patients. If you are one of the 93,000 patients worldwide who were fitted with a DePuy ASR hip implant, hopefully you have been following these posts regarding the lawsuits.

DePuy Recall Multi-District Litigation

As we have posted, over 100 DePuy hip recall lawsuits filed around the country have now been consolidated in the United States Court for the Eastern District of Ohio and Toledo under MDL2197. U.S. District Judge, David A. Katz, has been assigned to handle all of these Federal Court DePuy hip recall claims.

new jersey philadelphia depuy hip recall lawyers claim updateAs a result, Judge Katz is responsible for coordinating all pretrial discovery and litigation concerning the nature of DePuy’s defective hip implant to promote judicial economy, prevent duplication of the same discovery in hundreds of cases, prevent the potential for hundreds of judges each individually ruling on the same issue, and to prevent inconsistent judicial rulings from these judges. The DePuy hip recall multi-district litigation (MDL) is a great way to streamline the DePuy hip recall litigation, conserve judicial resources, and save the parties money.

Although these DePuy hip recall lawsuits are consolidated under Judge Katz, each DePuy hip recall patient has his or her own individual case within the consolidated group case. If Judge Katz is unsuccessful in resolving any DePuy hip recall lawsuit before trial, that party’s case will eventually be sent back to where it was filed, and trial will proceed in that jurisdiction.

Thus far, the DePuy hip recall litigation consolidation has been effective. When Judge Katz was first assigned the DePuy case, there were only seven cases pending throughout the country. However, since the consolidation order, there have been over ninety-six DePuy hip recall lawsuits filed in over 34 different federal courtrooms. All of these DePuy hip recall cases are now consolidated under Judge Katz to be handled as is detailed above.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As New Jersey DePuy hip recall lawyers, we support the consolidation of any case filed in Federal Court. However, many New Jersey and Philadelphia DePuy hip recall lawyers prefer that these case be filed in State court and not be consolidated with the MDL being managed by Judge Katz. If you are a DePuy hip recall patient, you should contact the Mininno Law Office for a free case evaluation, and to determine which jurisdiction is better suited to your case. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Please check back as we will continue to post about the DePuy hip recall litigation and any other developments under Judge Katz.

Medical Malpractice Could Be Avoided With Surgical Checklists

A recent study led by Eefjie de Vries and a team at the Academic Medical Center in Amsterdam found that medical malpractice that occured between 2004 and 2005 could have been thwarted by the use of simple checklist.

The Importance of Surgical Checklists

new jersey philadelphia medical malpractice lawyers avoid using surgical checklistSeveral hospitals in the Netherlands use a checklist called SURPASS to assure that all the proper steps have been taken before a patient goes under the knife. Steps on the list include the confirmation of vital aspects of surgery such as the operating schedule, equipment availability, and surgical site. De Vries and his team found that of all of the medical errors that occured between 2004 and 2005, 29% of them could be attributed to at least one of the steps on the checklist. Additionally, 4 of the 10 deaths caused by medical malpractice could be linked back to the checklist.

Eefjie de Vries commented on the use of the checlist, saying:

While the checklist as a whole may seem a little intimidating, the separate parts for each stage of the surgical pathway take little time to complete.

Intimidating or not, if a checklist will save lives, than it’s ludacris that such a method of prevention is not universally utilized.

Medical Malpractice in the United States

In the United States, it is estimated that 2.4% of healthcare costs, or 55 billion dollars, goes to the effects of medical errors. Also, reports have shown that tens of thousands of patients die each year in the United States due to medical malpractice and negligence.

The use of a checklist would not only save lives, but dramatically cut the spending attributed to correcting medical errors, or compensating the seriously injured.

Atul Gawande, a surgeon at the Harvard School of Public Health, has written extensively on the topic of medical malpractice prevention, and was quoted as saying:

. . . surgeons who do not use one of these checklists are endangering patients.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Surgical checklists are a simple and inexpensive way to provide additional safety to patients undergoing surgery. The fact that only a fourth of US hopsitals utilize such a simple fix is befuddling. Medical malpractice is a serious threat to patients everywhere, and medical providers should be doing everything in their power to prevent it.

If you or a loved one have suffered at the hands of a negligent medical provider, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the Mininno Law Office team earn YOU the full and fair compensation YOU deserve.

Medical Malpractice Verdict of $23 Million Awarded to Woman Who Aquired Brain Damage

Medical malpractice attorneys in Florida helped Lanette Gervato earn $23 million in compensation after medical malpractice in the operating room mistake led to her brain damage and partial paralysis.

Brain Procedure Gone Wrong

new jersey philadelphia medical malpractice attorneys 23 million verdict brain damage caseLanette Gervato was 35 years old when she was suffering from, along with unexplained headaches, a multitude of symptoms. She visited the University of Florida’s Shands Teaching Hospital for treatment. After testing, it was determined that Gervato was suffering from a non-bleeding aneurysm in her brain. A Shands neurosurgeon would perform a procedure in which coils would be inserted into the aneurysm.

However, during the surgery, one of the arteries was unknowingly perforated. Gervato’s post-operative recovery period included many stroke symptoms. Her nurse, Rebecca Boone, observed the symptoms, but did nothing. By the time doctors finally realized that Gervato was in danger, the damage had already been done. Her brain was filled with blood and significant brain damage had occured.

Medical Malpractice Effects on Lanette Gervato

Gervato’s life has been permanently affected. She is now paralyzed on one side, suffers from impaired vision, experiences constant pain, and has lost much of her cognitive reasoning skills. Her husband has had to stop working in order to provide constant care, and their four children have had to be placed with other family members to get the attention and care that they need.

The verdict will afford the Gervatos round the clock care so that they can, as their attorney put it, “return to as much normalcy as possible”.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, contact the Mininno Law Office for a free case evaluation. The medical malpractice lawyers at the Mininno Law Office are dedicated to earning victimized patients the compensation they need to pay past, present, and future medical bills. If you prefer, you may 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 compensation you need and deserve.

Nursing Homes Not Elderly Adults Only Choice Today

Nursing home abuse has affected millions of people in the United States because, for such a long time, nursing homes were the only option a family had when their loved one’s physical state required additional help. However, according to census data, only 7.4% of elderly Americans are living in nursing homes, a number that has fallen from the 8.1% in 1990. Many elderly people and their families, especially those 85 years and older, are now turning not to traditional nursing homes, but instead to long term care assistance at home, in-home care, and other options. This is great for the families that can afford to maintain other types of care for their loved ones. But for the 1.8 million people that still live in nursing homes, care should be adequate, training should be provided, and abuse should be prevented.

Nursing Home Care Must Be Improved

The quality of care a patient receives should not depend on how much money they have to spend, but unfortunately, nowadays, that seems to be the case. If nursing home administrators and medical providers spent more of their efforts on improving the quality of care in nursing homes and less of their efforts on their bottom lines, other unneccessary costs would be non existent. Bedsore treatment or litigation costs can be astronomical, but providing adequate and focused care can avoid the need for such spending.
              
Click for more information on nursing home alternatives

Nursing Home Abuse Laywers in New Jersey and Philadelphia

If you feel that your loved ones have been a victim of nursing home abuse or neglect, please contact the Mininno Law Office for a free case evaluation. The nursing home abuse abuse lawyers at the Mininno Law Office are experienced and very skilled in earning victims of nursing home abuse the full and fair compensation that they need and deserve. Be sure to act promptly, as a statue of limitations could run out on your claim.

You may also call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. Let the Mininno Law Office work to earn justice for you and your family.

Nursing Home Abuse Lawyers Offer Tip#3 For Bedsore Prevention

As a New Jersey and Philadelphia nursing home abuse attorney, I am providing a continuation in our series of posts involving the subject of nursing home abuse and, particularly, tips for the prevention of bedsores and pressure ulcers. In our last post, I provided nursing home patients and their family members with Tip #2 to help prevent the serious medical problems that result from nursing home abuse and bedsores.
These tips are helpful because prevention is always the best medicine when it comes to protecting nursing home patients from bedsores or pressure ulcers.

Tip #3 for Preventing Bedsores and Pressure Ulcers

A third tip from nursing home abuse lawyers which will help prevent pressure ulcers or bedsores is to:

Identify any and all potential factors that could increase the risk in a nursing home patient of developing a bedsore or pressure ulcera.

For example, a major factor that exposes a patient to bedsores or pressure ulcers is moisture in a bed. new jersey philadelphia nursing home abuse lawyers third tip prevent bedsoresAs New Jersey and Philadelphia nursing home abuse lawyers, we hear from nursing home patients and their families that nursing home staff members do not change the bedding or sheets on a regular basis and, in particular, do not change the nursing home sheets when they become wet.

Nursing home bed sheets frequently become wet when a patient is incontinent. Incontinence can be caused by a decreased mental state, decreased mobility, or medications that increase urination. Other times, sheets become wet when patient have difficulty feeding themselves, and food and drink end up in their beds.

The moisture that results from wet bedding can lead to pressure ulcers or bedsores. As such, bedsore and pressure ulcer prevention requires nursing home staff members to frequently check residents’ bedding to ensure that it is clean and dry. If, as a nursing home patient or family member, you discover that bed sheets contain moisture, promptly insist that the nursing home staff change the bedding before the patient is placed back into the bed. No one likes to lie in a wet bed, but if a nursing home patient is forced to do so, it will put that patient at a greater risk for pressure ulcers or bedsores.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Neglecting to change resident bed sheets is just another sign of potential nursing home abuse, and any nursing home abuse should be reported to the New Jersey Ombudsman. After reporting the abuse to the ombudsan, 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.
A nursing home abuse lawyer will be necessary to seek full and fair compensation for negligence and abuse in a nursing home or long term care facility.

Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with “willful and wanton” negligence.
In other words, they have to purposefully and knowingly put their patients’ lives in danger.

A San Antonio medical malpractice lawyer, Jon Powell, commented on the “willful and wanton” standard, saying:

You’d have to be a Nazi death camp guard to meet this standard.

The liability caps and impossible standards are making victims of medical malpractice weary as they find that, in Texas, they simply do not have a case.

Medical Malpractice Leads to Amputation

new jersey philadelphia medical malpractice lawyers willful wanton connie spears texasConnie Spears, a 54 year-old woman with a history of blood clots, went the the emergency room at the Christus Santa Rosa Hospital in San Antonio, Texas, complaining of excrutiating leg pain. She was discharged with “bilateral leg pain” and told to follow up with her primary care physician.
Three days later, Connie’s legs were purple. An ambulance took her to another area hospital where doctors determined that a filter that had been installed in her heart years before was severely clotted, which led to tissue death in her legs, as well as kidney failure. Weeks later, Connie awoke to find that both of her legs had been amputated in order to save her life.

Now, she can’t find an attorney who will take her case, because in Texas, she doesn’t have one. Clear negligence exists, yet attorneys no longer have confidence in their judicial system due to the new standards set forth by tort reform. They also argue that this “willful and wanton” standard for medical malpractice allows for a serious decline in the standard of care provided to patients in Texas, and could allow Texas ER’s to become the most dangerous in the country.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort Reform has significantly and severely damaged a medical malpractice victim’s chance at justice in Texas. Connie Spears will live the rest of her life without her legs due to a careless misdiagnosis, yet because of the standards Texas tort reform has put forward, she may never be able to gain the compensation she needs and is entitled to.

Medical malpractice affects many patients in the US, and victims should know that when doctors act negligently, they are liable for damages. If you or a loved one have suffered at the hands of a negligent and/or careless doctor, 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 our team earn you the full and fair compensation that you need and deserve.

DePuy Hip Recall Lawyers: ASR XL Hip Implant

As a Depuy hip recall lawfirm, we have previously posted information regarding the Depuy Orthopaedics recall of the DePuy ASR XL hip implant. As a Depuy hip recall lawyer, I have been asked many times, “What’s the big deal with this hip recall? Don’t all hip implants eventually fail?” The easy answer about hip implants is Yes.

DePuy Hip Recall Lawyers Represent Recall Victims

new jersey philadelphia depuy hip recall lawyers asr xl implantAs we have posted previously, all hip recall lawyers will explain that a partial or total hip implant is not a cure for hip pain. However, what makes this Depuy hip recall so unusual is the extraordinarily high failure rate as compared to DePuy’s hip implant competitors. In fact, the medical research which lead to the hip recall has shown that between 12 and 13 percent of Depuy hip implant patients will require a hip replacement revision surgery within five years of receiving the replacement.

Since there were approximately 93,000 Depuy hip implants performed in the last five years, over 12,000 of these patients can expect to have a failure within five years. Unfortunately, there is no way for a Depuy hip implant patient to know whether or not they are one of the 12,000 who will have this five-year failure, or whether their hip implant will last longer.

DePuy Hip Implant Lawyers Scold DePuy for Negligence

There are many reasons for this high failure rate of the Depuy hip implant. As a DePuy him recall lawyer, we have posted information regarding the medical facts which have led to the Depuy hip implant defects which have led to the hip recall. In addition, the Depuy hip recall has also occurred because of the potential of the implant to shed metals (chromium and cobalt) into a hip implant patient’s bloodstream causing a condition called osteolysis.
Again, not all hip replacement patients who have had a Depuy hip implant will have this serious medical condition, but, without sensitive laboratory studies, there is no way to determine whether or not a Depuy hip patient does or does not have such a condition. In a nutshell, while 12 to 13 percent may seem like a low percentage, it is a nightmare for any Depuy hip implant patients who have received a Depuy hip replacement that is now the subject of the DePuy hip recall.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you or a loved one have received a defective hip implant manufactured by DePuy, you may fall into the group of people entitled to compensation from DePuy. If you are experiencing prolonged and excessive pain in your hip joint and you recently had hip replacement surgery, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Our defective product attorneys can offer you the legal advice you’ll need to make the next step. Let the Mininno Law Office team earn you the compensation you need and deserve.

Medical Malpractice in Lackawanna County, PA

As a result of medical malpractice, a Lackawanna County, PA jury awarded a Dunmore woman $1.88 million for the cancer misdiagnosis that led to the death of her husband, 60 year old Terrence Golden.

Medical Malpractice Lawyers fight Medical Negligence

Christine Golden, wife of Terrence Golden, sued Milan J. Smolko, a urologist, Lillian Longendorfer, a pathologist, and Wayne Memorial Hospital, for failure to diagnose her husband’s bladder cancer for over a year.

new jersey philadelphia medical malpractice lawyers large verdict lackawannaLongendorfer and the hospital reached a private and confidential settlement with Mrs. Golden before the trial. Dr. Smolko and his attorney are appealing the $1.88 million jury verdict.

Smolko saw Mr. Golden multiple times between September ’02 and June ’04. Mr. Golden was complaining of urinary problems, and Smolko diagnosed him with an enlarged prostate gland. In 2003, Smolko ordered a bladder biopsy and sent the results to Longendorfer at Wayne Memorial. She too failed to diagnose the cancer.

In 2004, Golden’s cancer was diagnosed by a different doctor, but the damage done at that point led to the removal of Golden’s prostate, bladder, and portions of his urethra. Sixty-year old Terrance Golden died in January, 2008, after doctors told him there was no longer anything they could do to treat his cancer.

Medical Malpractice Lawyers Support Justice

Had Mr. Golden’s cancer been properly diagnosed in it’s early stages, there is a good chance he’d be alive today. Mr. Golden and his wife endured much pain in the time he spent suffering from cancer. Additionally, Mrs. Golden has now the lost not only the companionship of her husband, but all that he provided for her as well.

Mrs. Golden’s attorney, James E. Foerstner, commented on the outcome of the case:

Her husband was vindicated, but it doesn’t bring him back.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have suffered due to the medical negligence of a physician, specialist, or hospital, contact the Mininno Law Office for a free case evaluation. The experienced and skilled medical malpractice attorneys at the Mininno Law Office are prepared to handle your case and earn you the full and fair compensation you deserve.
You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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 offerIn 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 Hip Recall Lawyers Fight for Full and Fair Compensation

As a New Jersey and Philadelphia DePuy hip implant recall firm, we have posted information regarding the recent market withdrawal of the DePuy ASR hip implant systems. On its web site, the Johnson & Johnson subsidiary claims that it will cover medical costs for the victims of these defective hip implants. Specifically, it states

“DePuy intends to cover reasonable and customary costs of treatment if you need services associated with the recall of ASR including revision surgery if it is necessary.”

This sounds good, right? But what does this promise really mean?

Depuy Hip Recall Attorneys Clarify Empty Promises

depuy hip recall attonrneys new jersey philadelphia full compensationAs a DePuy recall lawyer, we tell our clients that it means nothing. Why? Because before any claims for compensation are considered, DePuy, who admittedly designed, manufactured, and sold for profit a defective hip implant to 93,000 patients, is requiring those patients to first pay for their medical expenses upfront. That’s right, if your hip implant has failed, and you need treatment or surgery, you first have to send your bills to your own health insurance company and, if you don’t have private insurance, Medicaid or Medicare. DePuy will only then consider a claim for reimbursement for any out of-pocket expenses and deductibles that are not being covered by your health insurance, Medicaid, or Medicare.

Imagine that! DePuy is passing off the cost of its own wrongdoing to working folks whose wages go to fund the Medicaid and Medicare health insurance systems.

DePuy Hip Recall Attorneys against Corporate Wrongdoers

Time and time again, corporate wrongdoers fail to take responsibility and pay fair prices on all of the harm that they cause. As we posted previously, DePuy also refuses to fairly compensate its victims for pain or disability, or for the loss of the activities that many of them enjoyed before their hip implant failed. As defective product attorneys, we will demand that DePuy Orthopaedics make up for all of the harm caused by their wrongdoing. As it stands, DePuy refuses to pay a fair price for harm caused and is trying to push the cost of its harm on to insurance companies and the U.S. taxpayers. As a defective products firm, we can make sure that a DePuy implant victim is properly and fully compensated to the full extent of the law.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you are the recipient of a defective DePuy implant, you will need the assistance of a defective products lawyer from the Mininno Law Office. DePuy is trying to pull the wool over the eyes of the victims of their faulty and defective manufacturing. 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 compensation you need and deserve.