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, … [Read more...]

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 Medicare 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 … [Read more...]

Nursing Home Abuse – Does My Family Have a Case?

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 … [Read more...]

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 According 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 … [Read more...]

Resident Dies in Hospital After Ingesting Dishwashing Detergent in Nursing Home

In 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 … [Read more...]

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 Francene 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 … [Read more...]

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

Whenever 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. … [Read more...]

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 The 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 … [Read more...]

Surgical Errors Leading Form of Medical Malpractice

According 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 … [Read more...]

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 … [Read more...]