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.

Tort Reform Strikes Again, This Time in Wisconsin

On Tuesday, the Wisconsin State Senate passed new tort reform measures that have opponents (patients, patient advocates, medical malpractice lawyers, consumer advocacy groups) “up in arms.” The bill, which is now headed to the Assembly, could severely limit liability to medical providers who commit medical malpractice in hospitals and nursing homes.

Tort Reform Hurts Patients

new jersey philadelphia medical malpractice attorneys Tort Reform Strikes Again WisconsinThe business community is thrilled by the bill the Senate passed this week. Of course they are; the new measures make it harder to get sued! Patient advocates, however, view the bill as a shield for medical providers who injure or abuse in nursing homes, or who practice careless, dangerous, and sub-standard medicine.

Provisions of the bill include:

  • Limiting non-economic damages. These damages include payment for loss of companionship, mental distress, or pain and suffering, among others. Payment would max at $750,000 for medical malpractice cases in nursing homes. The $750,000 cap is already in place for medical malpractice cases in hospitals or private practices.
  • Limiting punitive (punishment) damages. Punitive damages would be reduced to $200,000, or twice the amount of compensatory damages – whichever is higher.
  • Raising the criteria for winning punitive damages. With the passage of the bill, plaintiffs will have to prove that the accused acted with “intent to cause injury to a particular person,” or with the knowledge that their actions would lead to an injury.
  • Preventing the admission of certain reports as evidence. Reports from state regulators, or statements from employees of a health care provider, would no longer be admissable as evidence in civil or criminal cases.
  • Changing Expert Standards Qualifications for those who can provide expert testimony would be raised.

The bill’s provisions could do a lot of harm to a patient’s right to compensation for serious injuries caused by medical malpractice or nursing home abuse.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort reform supporters who boast it’s economic benefits don’t tell you that those benefits only speak to large corporations and insurance companies who proft from the limited liability that tort reform precipitates. Innocent people, like you and I, who have been seriousley and permanently injured by a negligent or careless doctor, hospital, or nursing home see no benefits at all from capped damages and limited liability.

If you or your loved one has suffered medical malpractice 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 medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and rightly deserve.

Bedsores Prevention: Proper Use of Multivitamins and Minerals

Preventing bedsores in nursing home patients can be done by following some simple tips. As New Jersey and Philadelphia nursing home abuse lawyers, we have been posting these tips in attempt to educate and prevent pressure ulcers and bedsores in nursing home patients. Our last post dealt with the importance of hydration of nursing home patients in order to prevent pressure ulcers and bedsores. Today’s tip is the importance of multivitamins and minerals in the prevention of bedsores and pressure ulcers in patients.

Tip # 8 for Preventing Bedsores or Pressure Ulcers in Nursing Home Patients

The 8th tip nursing home abuse lawyers offer in preventing bedsores and pressure ulcers in nursing home patients is the proper use of multivitamins and minerals. Many nursing home patients are unable to get the proper nutrition due to a variety of reasons. It is important, as for all people, that proper nutrition is being met to maintain proper health and to prevent illness. Proper nutrition is particularly important for nursing home patients as they rely on the nursing home staff for their daily nutritive care. Families of nursing home patients should discuss all aspects of nutrition, including the proper use of multivitamins and minerals, and make sure that the nursing home patient is receiving all the proper, necessary vitamins and minerals. Having the proper levels of multivitamins and minerals in the nursing home patient’s diet can help prevent bedsores and pressure ulcers from occurring or getting worse.

new jersey philadelphia nursing home abuse attorneys proper use multivitamins minerals prevent bedsoresAs New Jersey nursing home abuse lawyers, we encourage family members to work with the nursing home staff to make sure all nutritional aspects of the nursing home patient’s diet are examined. This is especially important to prevent these deadly bedsores and pressure ulcers. As the nursing home patient is often unable to get all of his/her nutrition from food alone, multivitamins and minerals may be needed to ensure the proper nourishment. This should be determined by the staff and made available to the nursing home patient. Research has shown that seniors need a variety of multivitamins and minerals to stay healthy, such as Vitamins, E, K, D and C for example. Proper vitamin supplementation should be assessed and determined by the nursing home staff, and then provided to the nursing home patient as part of their daily nutritional plan.

As we have posted previously, taking care of the nursing home patient’s basic needs regarding nutrition is invaluable in the prevention of bedsores and pressure ulcers. A simple home-made chart indicating which multivitamins are taken each day can help family members make sure their loved one is being cared for properly. Proper nutrition, hydration, and supplements, each and every day, are simple and effective ways to help prevent bedsores and pressure ulcers from occurring in nursing home patients.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident in a nursing home, and you are concerned that the level of care they are receiving is subpar, 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. Don’t let a negligent nursing home get away with causing pain and suffering for your loved ones.

Patients with Bilateral DePuy Hip Implants: Contact an Attorney

As New Jersey and Philadelphia DePuy hip recall lawyers, we have been posting DePuy hip recall information since the news was made public. We hope this legal information has been helpful to anyone affected by the recall.

Multiple Hip Implants, Multiple Surgeries, More Compensation?

new jersey philadelphia depuy hip recall lawyers Replacement ALL DePuy Hip ImplantsMost DePuy hip recall patients have had a single DePuy hip replacement. However, many times, an orthopaedic patient will require both hips to be replaced in a surgery called a bilateral hip replacement surgery. Unfortunately, for those patients who have had a bilateral hip-replacement surgery with the recalled DePuy hip implant, the recall is twice as troubling because these patients will require more extensive surgery to remove the two DePuy hips.

As New Jersey and Philadelphia DePuy hip recall lawyers, we have shared in previous posts the expert research recommending that any DePuy hip recall patient have their DePuy hip implant removed. Therefore, if you are one of the unfortunate DePuy hip recall patients that have had a bilateral hip replacement with a DePuy hip implant, the medical experts are also recommending that both DePuy hip implants be removed, even if only one DePuy implant is presently causing symptoms.

All recall patients deserve full and fair compensation for DePuy’s recalled hip implant. However, those DePuy hip recall patients who have had a bilateral hip replacement deserve significantly more compensation from DePuy because they will need to undergo twice the amount of pain, suffering, and disability, and will likely not return to their normal health which they enjoyed before their DePuy hip implant surgery.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia.

If you are the recipient of one or two DePuy hip implants, 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. The Depuy hip recall lawyers at the Mininno Law Office are eager to help recall victims earn the compensation they are absolutely entitled to.

Couple Awarded Large Verdict in Birth Injury Lawsuit

Shoulder Dystocia, an avoidable birth injury, has led to permanent injuries for little Mateo Rodriguez, and his parents have just been awarded $3.27 million in compensation for the obstetrician’s negligence.

Shoulder Dystocia Risk Factors Go Ignored

new jersey philadelphia birth injury lawyers $3.27 Million VerdictGalecio and Maria Rodriguez sued Dr. Jennifer Friedman and the Northwestern Memorial Physician’s Group after a serious birth injury permanently injured their son Mateo.

The suit claimed that when Dr. Friedman assessed that the baby’s birth weight was likely to be between 9 and 10 lbs, she should have warned of the dangers of vaginal birth and should have at least suggested a C-section. Instead, however, Dr. Friedman carelessly proceeded to deliver the baby vaginally. During childbirth, Mateo’s shoulder got stuck behind his mother’s pelvic bone, also called a Shoulder Dystocia. The doctor pulled too hard on the infant’s head and neck which caused nerve damage in the shoulder and right arm.

Today, Mateo has limited to no use of his right arm, and is learning to depend on his left arm for most tasks. The arm is also shorter and smaller than the left. All of this could have been avoided had the doctor taken the time to correctly analyze the situation. Mateo’s birthweight was 11 pounds, 5 ounces.

Birth Injury Lawyers in New Jersey and Philadelphia

Birth injuries are a devestating turn of events in the operating room. Sometimes they are purely accidental, and there is just no way to prevent them from occuring. Other times, however, they are caused by the negligence of one or more people responsible for care.

If you or a loved one have given birth to a child that suffered a birth injury, contact the Mininno Law Office for a free case evaluation. The birth injury lawyers at the Mininno Law Office are skilled and very experienced in earning compensation for children and their families who have been wrong by a negligent medical provider. 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 work hard to earn you the compensation you deserve.

Will A New DePuy Hip Implant Replace My Defective DePuy Implant?

new jersey philadelphia depuy hip recall lawyers second opinion hip implantAs a New Jersey and Philadelphia DePuy hip recall lawyer, I have been posting on various DePuy hip recall topics and trying to answer questions that patients and victims may have about the recall. One question that many DePuy hip recall patients have is, “What type of hip implant should be used to replace the defective DePuy hip implant?”

Naturally, many victims do not want another DePuy hip implant. You know the old saying, “Fool me once, shame on you. Fool me twice, shame on me.” As a New Jersey and Philadelphia DePuy hip recall lawyer, I am strongly encouraging DePuy hip recall patients to ask their surgeons for implant options other than the DePuy hip implants. Only your doctor can tell you which hip implant is best for you, but if a doctor tries to push for a DePuy replacement, I urge you to get a second, independent medical opinion.

Why Seek A Second Opinion?

There are some reports that surgeons have a financial affiliation with DePuy and therefore would likely favor a DePuy hip implant over other hip implant manufacturers. DePuy hip replacement patients should be concerned about any potential conflict of interest between a surgeon and DePuy.

Patients: Speak up!

Be your own advocate. All DePuy hip recall patients should specifically ask his or her surgeon whether or not they have any financial relationship or connection to DePuy Orthopaedics or Johnson & Johnson. And remember; no matter what the surgeon recommends, you always have the final say as to what type of hip implant will be used to replace your defective DePuy hip implant.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you or a loved one have received a defective DePuy hip implant from a recent hip replacement surgery, contact the Mininno Law Office for a free case evaluation. The DePuy hip recall lawyers at the Mininno Law Office are capable of earning you full and fair compensation, as opposed to what DePuy will offer should you not contact an attorney. 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 fight for your rights to compensation.

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.

Tip#6 for Bedsore Prevention: Proper Nutrition

If you have been following our posts, we hope that the nursing home abuse tips for the prevention of bedsores and pressure ulcers series have been helpful to you or a family member who may be a nursing home abuse victim. These bedsore and pressure ulcer prevention tips are quite simple, yet may make a difference in whether a nursing home patient develops a pressure ulcer or bedsore. The theme of these posts is simple: Prevention is always the best medicine when it comes to preventing bedsore and pressure ulcers in nursing homes.

Tip#6 for Preventing Bedsores or Pressure Ulcers

new jersey philadelphia nursing home abuse lawyers tips bedsore prevention proper nutritionThe sixth tip nursing home abuse lawyers offer in preventing bedsores and pressure ulcers is to make sure a nursing home patient has proper nutrition. Many nursing home patients do not get proper nutrition because nursing home staff may be poorly trained, over-worked, or may not fully understand how closely nutrition is related to bedsore and pressure ulcers. Although nursing home staff are required by law to know the many ways to prevent a bedsore or a pressure ulcer, many nursing home staff do not get this training or education from the nursing home. This is not acceptable and is just another form of nursing home patient neglect. Nursing home staff must know the reasons for malnutrition. For example, patients may have difficulty feeding themselves, do not enjoy meals, or are taking medications which upset their stomachs. These patients need specific nutrition assessments to ensure that a bedsore or pressure ulcer will not form.

We encourage any family member of a nursing home patient to speak with the nursing home staff to ensure that a dietician or nutritionist is monitoring the nursing home patient’s condition. A nursing home staff member needs to identify any factors which can compromise protein or caloric intake. Poor nutrition monitoring is one of the leading causes of bedsores and pressure ulcers in nursing home patients. As New Jersey and Philadelphia nursing home abuse lawyers, we believe that there is no excuse for a nursing home patient to be undernourished, leading to bedsores or pressure ulcers. Simple steps such as multivitamins, nutritional supplements, and a regular schedule of hydration can and should be provided to all nursing home patients to prevent pressure ulcers and bedsores. All families should ask the nursing home staff whether or not their loved one is being provided with multivitamins and supplements and ask to see the chart to document that this pressure ulcer and bedsore preventive measure is being taken every day.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you’re loved one has been the victim of nursing home abuse and/or has aquired bedsores or pressure ulcers while a resident at a long term care facility, contact the Mininno Law Office for a free case evaluation. Our nursing home abuse lawyers are skilled at earning victims of nursing home abuse full and fair compensation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Hip Recall Design Flaw Still A Mystery

This DePuy Hip Recall article is one in a series of posts designed to provide DePuy hip implant patients with information regarding the hip implant recall.

DePuy Hip Recall Lawyers Answer Questions

new jersey philadelphia depuy hip recall attorneys defective design flawsOne of the questions patients have asked is, “What is the defect that is causing these implants to fail?” Not surprisingly, DePuy Orthopaedics is not telling its DePuy hip implant patients anything of substance regarding why these DePuy hip implants are failing and why they have issued this hip recall. But, DePuy won’t be able to keep its secrets for long. Ultimately, because of the lawsuits, DePuy representatives will have to testify, under oath, about the hip recall. Then, DePuy hip implant patients will finally learn the truth.

Also, DePuy hip recall lawyers will hire experts on behalf of the hip recall patients who will get a chance to look at DePuy’s engineering data and specification to determine what is causing the defect that has so dramatically affected so many hip recall patients. Until then, both DePuy hip recall lawyers and hip patients can only speculate about the true nature of the hip implant defect.

What is known is that the pain and symptoms associated with the DePuy hip implant system involve the loosening of the cup, unusual wear and tear in the hip joint, and the shedding of metal debris into the surrounding tissues causing osteolysis. Ultimately, as the litigation progresses, New Jersey and Philadelphia DePuy Hip Recall lawyers will get more information about why this defect occurred and how it will affect the entire 93,000 DePuy hip implant patients.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you have received a defective DePuy hip implant and are not sure about your next step, you should seek out the assistance of a DePuy hip recall lawyer. 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 need and 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.