DePuy Hip Implant Recall: What Should DePuy Pay For?

As a New Jersey DePuy hip replacement recall attorney, I am often asked why it would be unfair for DePuy to pay only for out of pocket medical costs and wage loss, and not to pay for other compensatory damages such as pain, suffering and loss of enjoyment. Many believe that the Johnson & Johnson subsidiary did not intentionally design, manufacture, market, and sell a defective hip implant. The argument goes that since the company did not act intentionally, it should not have to pay full compensatory damages. This argument is one that is made in all types of case, not just defective product cases involving medical devices. As a trial lawyer, I hear this argument every day in the courtroom. It’s also something that has been debated by civilization for nearly thousands of years; what should be done when people with excessive money, power, and influence, break the rules of society and end up hurting other people? What should our civil justice system do to make sure that corporations pay for the harm the cause?

DePuy Hip Implant Recall; Who Pays?

In the first legal code, the Code of Hammurabi, the authors were very much concerned about restitution for breaking the rules and hurting someone. That code is similar to the Old Testament code, an eye for an eye, a tooth for a tooth. In fact, some civilizations today still use that code for their civil justice system. depuy hip implant recall attorneys New Jersey PhiladelphiaJust last year, an Iranian court sentenced someone to the surgical removal of their eye after their actions caused the loss of another man’s eye. That “eye for an eye” justice system is still very much a part of “civil justice” in some parts of the world.

Here, in the United States, we would never consider that justice. But what are injured parties allowed to ask for here in the United States? What we’re allowed to ask for is that a jury require a corporation like DePuy to pay a fair price on all of the harm that was caused by manufacturing, marketing and selling a defective hip implant. In some instances, it’s easy to figure out what that fair price should be. Wage loss and medical bills, things that DePuy has already “generously” offered, are things that any court or jury would find them liable for. However, what about the other things – intangibles such as pain, suffering and other compensatory damages. Our system of civil justice requires that corporations like DePuy pay for these intangible damages.

DePuy Hip Implant Recall – Intangible Damages

If a DePuy hip implant causes someone to have to undergo years of physical pain in the hip joint, then our law requires that DePuy pay damages to make up for those years of physical pain. After all, it is the company’s defective hip implant that caused that pain, just like it caused medical bills and wage losses. In addition, if one of DePuy’s hip implant patients must undergo another surgery to remove a defective hip implant and reimplant a nondefective hip implant, DePuy must pay for the pain, suffering, and the time lost in preparation of and recovery from that surgery. Again, this is because our civil justice system requires corporations to pay for the full amount of the harm they cause, not just part of the harm they cause. Ironically, in its recall notice and claims forms, the Johnson & Johnson sunsidiary does not accept full responsibility for its own defective hip implant. They are looking to pay for only part of the harm they caused, not the full extent of the harm caused. That’s why it is important for anyone with a recalled hip implant to contact an attorney to seek full damages for all harm caused.

DePuy Hip Implant Recall Attorneys in New Jersey and Philadelphia

If you or a loved one received a defective implant and are now unsure of what to do, contact the Mininno Law Office for a free case evaluation. Our DePuy hip implant recall lawyers want to earn you fair compensation for damages caused by the defective design of DePuy’s ASR XL Acetabular Hip Implant System. 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 work to earn you the compensation you need and deserve.

Medical Malpractice in Baltimore; Medically Unnecessary Heart Stents

Dr. Mark Midei was a highly sought after cardiologist at St. Joseph’s Medical Center in Towson, Maryland. Today, Dr. Midei faces countelss medical malpractice lawsuits, and possibly the end of his career, after allegations surfaced that he has implanted over 500 unnecessary stents in patients from 2007 to 2009.

Medical Malpractice for Money

medical malpractice attorneys new jersey philadelphia unnecessary heart stentsMedicare and Medicaid paid $3.8 million out of the $6.6 million dollars charged for 585 stent procedures performed by Dr. Midei that may not have been medically necessary. Hospitals like St. Joseph’s stand to make up to $10,000 per procedure. Abbott Laboratories, the pharmaceutical distributor of the stents that Dr. Midei used, stood to make even more money. Perhaps thats why part of their 2008 business plan included supplying the doctor with research money and VIP trips! Doctors are offered kickbacks to prescribe medications or provide referrals on an unfortunately regular basis, but to earn those kickbacks at the expense of patient safety is surely corrupt.

Medical Malpractice Attorneys vs. Negligent Medical Providers

Dr. Steve Nissen, chief of cardiovascular medicine at the Cleveland Clinic, said:

“What was going on in Baltimore is going on right now in every city in America. We’re spending a fortune as a country on procedures that people don’t need.”

Why? So doctors, hospitals, and pharmaceutical giants can watch the money roll in. Stent procedures can be very dangerous and cause life threatening side effects that clinicians, like Dr. Midei, seem to callously overlook while recommending their patients undergo them. Stent patients face the risk of blood clot, heart attack, or stroke, once a stent is implanted. To decrease these risks, patients are put on blood thinners, which bring with them a wholr new list of risks and possible complications.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one feel that you’ve been wronged by a medical provider, please contact the Mininno Law Office for a free case evaluation. Our NJ and PA medical malpractice attorneys are experienced and prepared in medical malpractice cases, and can fight to earn you fair and necessary compensation. 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 work for you!

Nursing Home Abuse – Does My Family Have a Case?

nursing home abuse and negeligence attorneys in nj and pa At the Mininno Law Office, we know from experience that it can be a difficult for a family to decide whether or not to investigate if a nursing home should be held responsible for injuries to a loved one. Furthermore, it can be quite disheartening at a later time when the law firm a family finally trusted to perform an investigation sends a letter indicating their disinterest. Based upon the experience of New Jersey nursing home abuse attorney Donald Browne, experienced personal injury attorneys and their law firms commonly reject claims of nursing home abuse that do have merit. Nursing home abuse and neglect cases have different characteristics and dynamics than other claims for personal injuries. Law firms either don’t understand how to analyze these cases, or decide they are too complicated to justify all of the necessary work and expense. However, an experienced nursing home abuse attorney like Donald Browne of the Mininno Law Office eagerly accepts the challenge.

Nursing Home Abuse Claims and the Statute of Limitations

A statute of limitations is a legal deadline by which a lawsuit must be filed. If a lawsuit is not filed by this deadline, an otherwise valid claim could be dismissed by the court. The statute for personal injury is generally two years from the date you knew, or should have known, that the nursing home’s conduct caused an injury. It can be a shorter or longer time period, depending upon what type of case you are pursuing, and in which court you are pursuing it.

Another issue with the statute is the “discovery rule.” Although it may be easy to figure out when it begins for an auto accident because the actual crash happened on a date that is easily identifiable, it is not always as easy to identify when it would begin and end for a nursing home abuse or neglect case. This is true because often times it is not one event that creates liability against a nursing home, but rather a series of mistakes that result in serious injuries to your loved one. Since the statue of limitations in any particular case is so fact specific, the best advice for any individual or family considering a lawsuit is to immediately contact a nursing home abuse attorney. After listening to the facts, the attorney should be able to advise as to the likelihood of a valid case, and when the statute would expire.

Nursing Home Abuse Attorney; Why Act Quickly?

Without specifically reviewing and analyzing the facts of your case, it is impossible to determine when the statue of limitations would expire. However, regardless of when the deadline to file a lawsuit may be, if you feel your family may have a lawsuit against a nursing home, you should contact Donald Browne immediately. There is a tremendous amount of information that needs to be collected, and the old adage “the sooner the better” certainly applies!

One example of important evidence that needs to be immediately collected in support of nursing home abuse and neglect case – photographs. Photographs are very important and should be taken immediately.

The earlier your family calls Donald Browne, the earlier your family and the Mininno Law Office can begin to work together and devise a plan to obtain all of the necessary information needed to start building your case. The only mistake your family can make is waiting too long to call and ask.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of negligent or abusive staff members at a nursing home or long term care facility, contact the Mininno Law Office for a free case evaluation. Donald Browne is an experienced and hard working nursing home abuse attorney prepared to help you earn the compensation you and your loved one are entitled to. You may also call for a free consultation at 856-833-0600 in New Jersey or 215-567-2380 in Philadelphia.

DePuy Defective Hip Implants; How Were They Approved?

A common question among consumers who suddenly find themselves affected by a product recall is, “What is the process for FDA approval?” As a DePuy Hip Implant Recall attorney, I hear the question quite often. Surprisingly, the process is rather simple for products such as hip, knee, and shoulder replacements and parts.

DePuy Hip Implant Approval Process

depuy hip implant recall attorneys in new jersey and philadelphiaAccording to the FDA, DePuy’s first step towards FDA approval is the successfull completion of a number of clinical testing procedures set up by the FDA. However, in this instance, DePuy was able to avoid FDA scrutiny and it’s screening process by using a legal ‘back door,” which allowed it to circumvent the normal approval channels. This legal backdoor is known as a “510(k),” which permits pharmaceutical companies like DePuy (a subsidiary of Johnson & Johnson), to avoid the normal screening process by claiming that their hip implants would be a “substantial equivalent” to other implant devices that have already been approved by the FDA. By claiming that their product was the “substantial equivalent,” DePuy was able to gain quick approval by the FDA to market and sell it’s ASR XL Acetabular hip implant system within the United States.

Unfortunately, the United States does not have an effective hip implant registry system to determine what the failure rates were for DePuy ASR hip implants and other substantially equivalent implants. This data had to come from the United Kingdom and Australia. Those hip implant registries demonstrated their ability to prevent patient harm. In both the United Kingdom and Australia, the registries were so successful in revealing data that showed the early and unacceptable failure rate of the DePuy hip implant system, DePuy phased out the hip implants long before the American recall. Now, given the debacle over the DePuy hip implant recall, the United States and the FDA are considering creating their own registry for implants, so that potential defects and patient harms can be identified sooner rather than later.

DePuy Hip Implant Recall Attorneys in New Jersey and Philadelphia

By cutting corners and dodging red tape, DePuy was able to skirt their responsibilities to their consumers. Had those implants been properly tested and assessed by the FDA, approval would have been halted and kinks worked out before patients could be harmed. If you or a loved one have been affected by a defective DePut hip implant, 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 team at the Mininno Law Office earn you the compensation you deserve.

Resident Dies in Hospital After Ingesting Dishwashing Detergent in Nursing Home

nursing home negligence new jersey philadelphia attorneys homewood residenceIn a tragic case of nursing home abuse and negligence, an assisted living facility in Delray Beach, Florida will be paying a $7,500 fine after the death of 93 year old resident Michael Gruen. Gruen suffered from advanced stages of Alzheimer’s disease and died after drinking dishwashing liquid.

Homewood Residence (a Brookdale Assisted Living Facility), which has until now neither accepted or denied responsibility for Gruen’s death, received warnings in 2008 regarding insecure areas of their facility. Dangerous chemicals were accessible to the number of dementia patients living within the nursing home. Apparently, the appropriate changes were not made.
Michael Gruen accessed the detergent in the early morning hours of December 28, 2009, while caretakers were busy with another patient. A staff member found Gruen standing over the liquid, and asked him if he swallowed it. Gruen did not answer. He was rushed to the emergency room at Delray Medical Center but died 18 hours later as a result of severe burns to his esophagus.

NJ and PA Nursing Home Negligence and Abuse Attorneys

The 2008 citations were not the only warnings Brookdale’s Homewood Residence had received. In February 2009, Homewood Residence paid a $3,000 fine when 10 residents became sick with norovirus. And in April 2009, a $1,500 fine was given after questions arose during an inspection regarding the treatment of bedsores. The treatment and care this nursing home was providing was inadequate and negligent then, and continues to be now.
State health agencies investigate these homes and hand out citations and fines, but these small amounts don’t seem to instill any fear or sense of responsibility into those that are running these nursing homes and long term care facilities. Perhaps the only way to truly make owners and administrators aware is to take them to court and let a jury decide their penalties.

If you or a loved one have been victimized by nursing home negligence, please 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 elder abuse attorneys are here to earn you the compensation you deserve.

Wrongful Death Suit Filed After Francene Cucinello’s Untimely Death

In January of this year, Francene Cucinello, New Jersey born host of the Lousiville, Kentucky radio program “The Francene Show,” died of a heart attack and brain aneurysm. She was just 43 years old.
This month, her family has filed a wrongful death claim against the Norton Audobon Hospital. They assert that a misdiagnosis led to Francene’s tragic and untimely death.

Medical Malpractice Leads to Wrongful Death

wrongful death new jersey philadelphia attorneys francene cucinello norton audobon hospitalFrancene went to the Norton Audobon Hospital emergency room on January 11, 2010 complaining of headache, neck pain, nausea and vomiting, and shortness of breath. She was diagnosed with pneumonia. On January 13th, doctors noticed one of Francene’s pupils were dilated. The results of a CAT scan revealed medical malpractice.
According to a Neurosurgeon, Francene had suffered a brain aneurysm three days prior. She was never suffering from pneumonia, but instead her brain was bleeding. Francene died on January 15, 2010.

The family’s wrongful death lawsuit alleges that the misdiagnosis played a significant role in Francene’s death. Had a CAT scan been ordered and the aneurysm deteced earlier, Norton Audobon Hospital could have saved her life. Norton Audobon maintains that the treatment Francene received at their facility was in line with the standard of care.

NJ and PA Medical Malpractice and Wrongful Death Attorneys

Francene was in dire straits when she entered the Norton Audobon hospital on January 11, 2010, and if the standard of care dictates that a CAT scan be peformed based on Francene’s condition and symptoms, than Norton Audobon is undoubtedly guilty of medical malpractice and, in turn, wrongful death.
If you or a loved have suffered due to medical malpractice, or you have lost a loved one to wrongful death, 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 compesation you deserve.

Is the DePuy Hip Implant Wear and Tear Just Like Other Implants?

depuy hip implant recall attorneys new jersey philadelphia asr replacementWhenever there is rubbing between two surfaces, there will always be wear and tear. All hip implants will have some wear and tear between the implant and the bone. During surgery, a surgeon will cut out the old hip joint and glue in a new hip joint (implant). These implants will have both a “ball,” which is at the head of the femur, and a “cup,” which is the joint/hip socket. These pieces will rub together and over time, break down.

However, although all of the implants do shed, most implant patients would not need a new implant for about 10 or 15 years. The wear rate for a metal-on-polyethylene implant is about 00.10 milileters each year. This hip implant wear rate was deemed to be medically insufficient.
The recalled DePuy hip implant system uses metal-on-metal bearings consisting of Cobalt and Chromium. DePuy advertised this system as producing less wear debris.

DePuy Hip Implants Don’t Deliver on Their Promises

Unfortunately, the medical research which tracked DePuy hip implant patients showed that these recalled DePuy ASR hip replacement systems had a greater rate of wear and tear, and were actually producing MORE wear debris. The research showed that there was a significant volume of microscopic metal particles which were being released into the patient’s bloodstream. These cobalt and chromium submicroscopic particles, accompanied with the rate at which they are being distributed within the body, can have seriously adverse effects on patients.

In addition, since the wear and tear rate of the DePuy ASR hip replacement systems seems to be greater than that of traditional hip implants, they are not lasting longer than traditional hip implants and surgery is needed much sooner. As a result, DePuy Orthopaedics, following an exposé published in the New York Times, finally issued a voluntary recall of these products.

NJ and PA DePuy Hip Implant Recall Attorneys

Although all hip implants (and all body part implants for that matter) are subject to wear and tear, the DePuy hip implant has a greater rate of wear and tear than it’s competitiors, and the metallic materials which are being shed during this wear and tear are hazardous to a patient’s health.
If you are the recipient of a DePuy ASR 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.

Our product liability attorneys will be able to offer you the right advice and steer you in the right direction concerting your next move. Let the team at the Mininno Law Office .

Elder Abuse in California Responsible for Death of 58 Year Old Man

The California Department of Public Health recently announced that the Browning Manor Convalescent Hospital, a nursing home in Delano, California, has received an AA citation – the harshest penalty under California State Law – for nursing home abuse and negligence.
The citation was accompanied by a $100,000 fine from the State for the death of a resident that resulted from inadequate supervision and care.

Elder Abuse at Brown Manor

nursing home negligence attorneys new jersey philadelphia elder abuse Browning Manor Convalescent HospitalThe resident was a 58 year-old man from Kern County. He had a history of aggression and outbursts, and was particularly difficult with staff members on June 23, 2009. Brown Manor Policy states that residents displaying agression should be monitored for at least 72 hours, or until their disposition is relaxed. This monitoring and extra supervision did not happen, however, and a few days later, the 58 year old man fell out of his wheelchair, sustaining injuries to his brain and spine.

He was taken the hospital and release, but died two days later. The Kern County coroner wrote that the man’s cause of death was indeed related to the injuries he suffered on the day of the accident.
Elizabeth Tyler, a representative for the nursing home, claims the man left the facility that day well and coherent. She also announced that Brown Manor has hired an expert neurologist who will testify that the man’s death was not brought on by injuries sustained from the fall.

NJ and PA Elder Abuse Attorneys

The New Jersey and Philadelphia nursing home negligence lawyers at the Mininno Law Office are eager and prepared to handle the toughest cases of elder abuse. If you or a loved on have suffered at the hands of a negligent nursing home or long term care facility, 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.

Surgical Errors Leading Form of Medical Malpractice

new jersey philadelphia medical malpractice attorneys negligence common surgical errorsAccording to a report by the American Medical Association, 98,000 people lose their lives each year to medical errors, most of which are surgical. This makes medical malpractice the eighth leading cause of death in America, killing more people than car accidents, breast cancer, and AIDS.
The term “surgical errors” includes errors that are made before, during, and after surgery, and can involve medical providers other than a surgeon, including the anesthesiologist, nurses, or other hospital staff members.

Read on to learn about the most common surgical errors, and what to do if you or a loved one are a victim of a surgical error, or any other form of medical malpractice and negligence.

Patient Consent Errors

Before a surgeon can perform a procedure, he has to obtain what is called “informed consent” from his or her patient. This process involves explaining in detail what the procedure entails, possible side effects and complications, and what the patient can expect after the procedure. The patient then signs a consent form, allowing the doctor to perform the surgery.
Many times, however, this process is sped through. Sometimes, doctors fail to mention the possible complications or side effects. Other cases involve the doctor explaining the procedure one way, but then performing it another. This can be very dangerous, as complications could easily arise if a certain plastic was supposed to be used, but a metal that the patient is allergic to was used instead. These consent errors are entirely too simple to avoid to be such a prevalent error.

Surgical Errors

These errors are generally caused my negligence in the operating room, but many times can be caused by the lack of qualifications of the surgeon. General surgeons very often perform procedures that may be best left for a specialist, and as a result, surgical errors occur. They do not need a board certifcation to perform these procedures, and a monetary motivation makes it easy to go ahead with these surgeries even without the proper qualifications.

Surgical Site Errors (Wrong Site Surgeries)

Unfortunately, wrong site surgeries are not something we’ve never heard of. All too often, patients go in for a surgery on the right side of their body, and wake up to find the procedure was performed on the left. This kind of mistake often results from lack of communication, poorly kept medical charts, and understaffing at hopsitals. When not enough doctors are dealing with a multitude of patients, mistakes like this happen.

Anesthesia Errors

These errors can be some of the most devastating. Most surgeries require either local or general anesthesia, and it can be administered by an anesthisiologist or an anesthesia nurse. Errors can arise when too much is injected, causing a drop in heart rate that lead to brain damage or death. In addition, if not enough is administered, a patient can be awake during a procedure! This can not only cause an unfathomable amount of pain, but can also effect a patient psychologically forever.


Infection is a huge risk when undergoing a procedure. Infection can be caused when instruments are not properly sterilized, or when doctors and or nurses do not effectively “scrub in.” Infection can also grow after a procedure if the patients’ wounds and incisions are not properly cleaned. The most dangerous infections a patient can develop are MRSA, or staph. These infections can quickly lead to death.

NJ and PA Medical Malpractice Attorneys at the Mininno Law Office

If you or a loved one have suffered the effects of surgical errors, negligence or medical malpractice in New Jersey or Philadelphia, you will need the assistance of an Medical Malpractice Attorney. 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.

Don’t let negligent medical providers get away with their life altering mistakes. The team at the Mininno Law Office wants to work to earn you the compensation you deserve.

Nursing Home Abuse and Negligence Send Resident to Freezer

On October 28, 2010, 94 year old Molly Fischer was found inside the walk-in freezer of her California nursing home. An organized search within the home found her alive and standing inside the freezer. She was immediately taken to the hospital and has since been returned to her residency at the Silverado Senior Living Center in Calabasas, California.

Nursing Home Negligence at the Silverado Senior Living Center

While Molly was found alive and returned to her home in restored health, can it be determined that she is, in fact, safe? Molly, like many of the other residents at Silverado, suffers from dimentia. It is likely that she wandered off and ended up inside the freezer without knowing where she was going. Where was the staff when Molly wandered off? Will they abe able to prevent this from happening again, to Molly or any other resident?
new jersey philadelphia nursing home abuse attorneys molly fischer silverado senior living centerIt is this same kind of nursing home abuse and negligence that killed Ruby Larson in Molalla, Orgeon. Ruby, falling out of the sight of a negligent staff, wandered off and was found dead three years later.

Silverado Senior Living Center can cost upwards of $70,000 a year. Molly Fischer’s family paid 70k to a facility that lost her, and were fortunate enough to find her in enough time to save her life. Had they taken any longer, Molly could have died. Silverado remains a bit quiet about Molly’s condition now, but a spokesman for the home, Mark Mostow, released this statement:

We immediately conducted an investigation, and took appropriate corrective action against two employees. It’s an unfortunate incident, and we’re very sorry that it happened, and we’ll do everything in our power to ensure this does not happen again.

NJ and PA Elder Abuse and Nursing Home Negligence Attorneys

If your loved one has been the victim of negligence or nursing home abuse, you must seek the counsel of an elder abuse attorney. Nursing homes and long term care facilities can not continue to get away with their subpar, negligent, and often deadly care.
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 compensation you deserve.