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...]

What’s More frivolous; Medical Malpractice Claims or the Doctor’s Defenses?

Insurance industry lobbyist continue to pay millions of dollars to portray trial attorneys as evildoers who are directly responsible for high medical insurance rates and driving doctors out of business. Malpractice attorneys respond that they are protecting the rights of those who were wrongly injured and deserve compensation. Both sides cite a study conducted of 1452 malpractice cases conducted by David M. Studdert, an attorney and health-policy researcher at the Harvard School of Public Health in Boston, as evidence for their side. The actual numbers are as follows: 37 cases had no injury, 6 were compensated 515 cases involved … [Read more...]