Tag: defective products

Medical Malpractice Attorneys Report FDA Recall of Cardiac Science AEDs

The US Food and Drug Administration has issued a class 1 recall for a number of Cardiac Science’s Automated External Defibrillators (AEDs). A class 1 recall, as described on the FDA’s website, is issued for

“dangerous or defective products that predictably could cause serious health problems or death. Examples of products that could fall into this category are a food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.”

The FDA’s recall comes after Cardiac Science issued their own voluntary recall of the same products. Medical malpractice attorneys urge patients who may be affected by these recalls to speak with their doctors immediately and contact an attorney. Below is the FDA’s actual announcement.

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Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one may be affected by this or any other FDA recall, contact the personal injury and medical malpractice attorneys of Messa & Associates by calling 1-877-MessaLaw, or by submitting an online inquiry for a free case evaluation.

Personal Injury Lawyers: Medical Device Maker Agrees to Pay Penalty for Selling Unapproved Devices

new jersey personal injury lawyers, attorneys, philadelphia, medical malpracticePersonal injury lawyers at Messa & Associates, P.C. have recently come across news stating that Globus Medical Inc., a spinal implant manufacturer, will pay the U.S. Food and Drug Administration $1 million in penalties for selling its NuBone Osteoinductive Bone Graft product after the FDA rejected the device in 2009.

The FDA learned that Globus was distributing the NuBone Osteoinductive, despite being told that the medical device was not substantially equivalent (NSE) to legally-marketed products, during a September 2010 inspection. The company also ignored multiple warnings given by the FDA to stop selling the device, according to a commissioner for regulatory affairs.

The settlement requires Globus Medical to pay a $550,000 penalty fee and the company’s CEO, David Paul, to pay an additional $450,000 fine.

Personal Injury Lawyers: FDA Approval Process Required NuBone Osteoinductive Devices to Be Substantially Equivalent

The FDA currently uses two procedures to approve medical devices. Clinical trials are necessary to get approval for more critical devices. However, Globus Medical’s NuBone Osteoinductive is considered a medical device that poses a lower level of risk to patients. Therefore, Globus Medical was only required to show that the NuBone Osteoinductive was substantially equivalent to similar medical devices that are already on the market.

Personal Injury Lawyers in Philadelphia and New Jersey

The Philadelphia personal injury lawyers at Messa & Associates are experienced at handling cases involving pharmaceutical and medical device injuries. Our extremely skilled team of personal injury lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you have been injured by a defective medical device, a negligent medical provider, or have endured any other type of personal injury, contact the personal injury lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.

For immediate assistance, click the CHAT LIVE button to your right.

Personal Injury Lawyers Warn of Fatal Complications with Bath Refinisher

new jersey personal injury lawyers, phildelphia, attorneysPersonal injury lawyers recently came across an announcement made by the U.S. Centers for Disease Control and Prevention regarding a common paint stripping chemical that is often used to refinish bathtubs. The substance, called methylene chloride, is commonly used as a paint remover or degreaser in industrial and home improvement products.

The CDC’s announcement served as a warning against using any products containing the substance which Michigan State University research discovered was the cause for 13 deaths between 2000 and 2011. The 13 victims were workers who had used methylene chloride products to refinish bathtubs.

In its weekly report, the CDC commented on the 13 deaths, saying:

“Each death occurred in a residential bathroom with inadequate ventilation. Protective equipment, including a respirator, either was not used or was inadequate to protect against methylene chloride vapor.’’

The report went on to say that the chemical “has been recognized as potentially fatal to furniture strippers and factory workers but has not been reported previously as a cause of death among bathtub refinishers.”

The Centers for Disease Control and Prevention explained that using the chemical in confined spaces that lack sufficient ventilation is quite dangerous. In the same report, it urged labor safety organizations and public health agencies to “communicate the extreme hazards” of using the product under the wrong conditions. The author of the report, Michigan State’s Kenneth Rosenman, suggested to leave the product out of bathrooms entirely, citing that the vapors are heavier than air and linger after applications. Rosenman went on to explain:

“To use products containing methylene chloride safely, work areas must be well-ventilated, and when levels of methylene chloride exceed recommended exposure limits, workers must use protective equipment. In a small bathroom, it is unlikely these products can be used safely.’’

Personal Injury Lawyers in New Jersey and Philadelphia

Without proper warning, 13 workers used a product to complete a job and ended up losing their lives. Thirteen people died to refinish bathtubs. Dangerous products and chemicals, such as methylene chloride, should always come with proper warnings and clear safety instructions. It should not take research studies executed after the fact to determine that a product is dangerous.

If you or a loved one have been injured by a dangerous or defective product, contact the New Jersey personal injury attorneys of Messa & Associates, P.C. for a free legal consultation. Call 1-800-MessaLaw or submit a free online inquiry.

Medical Malpractice Attorneys File Lawsuit Related to Robot

The plaintiff, Jennifer Silvestrini, filed a medical malpractice lawsuit at the end of September in Orleans Parish Civil District Court against the defendants, Intuitive Surgical Systems Inc. and University Healthcare Systems, also known as Tulane University Hospital and Clinic. The defendants elected to remove the case to New Orleans federal court in late October. Medical malpractice attorneys claim that a robotic surgical procedure failed during Silvestrini’s neck surgery.

Malfunction of Robot Occurs during Surgery

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The plaintiff was scheduled for a robotic trans-axillary total thyroidectomy which was set to be performed by Dr. Emad Kandil. Unfortunately, during the procedure, there was an unexplained malfunction of the device and neither the staff nor the doctor could fix the problem on site. Even more unsettling was a contract and agreement that Intuitive Surgical Systems agreed to, which was to ensure that they had available service personnel ready so that there could be a rapid troubleshooting procedure in the event the device malfunctioned. When Ms. Silvestrini was undergoing the procedure and the breakdown occurred, the medical staff was unable to contact anyone from Intuitive Surgical Inc. to fix the problem.

Lawyers claim that the manufacturer of the robotic device failed to maintain the robot at issue, failed to properly train personnel on the use of the equipment, and failed to dispatch a technician in a timely fashion when Silvestrini was undergoing the operation. The hospital has been accused of failing to maintain the robot, failing to have properly trained personnel, failure to have an adequate arrangement with Intuitive Surgical Systems, and failing to employ an emergency technician who could respond rapidly in the case of a foreseeable emergency while the patient was undergoing surgery. The plaintiff seeks damages for physical and mental pain and suffering, medical expenses, interest, and court costs.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. 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.

Medical Malpractice Attorneys: Pre-Natal Injuries

There are many forms of negligence, and other tortious conduct, that can lead to the injury of a baby while still in the mother’s womb. Many people’s first thoughts would be to look at the potential tortious conduct of a doctor, which may have caused injury to a baby due to medical negligence. Medical malpractice attorneys have found that most courts have allowed for the recovery of damages when a child is injured while “en ventre sa mere” (meaning “in the mother’s belly”) and is born alive. This is because the negligence of a defendant has caused some sort of injury to the young baby and damages are reasonable even though the child was not yet born. A minority of courts have actually denied the recovery of damages if the child was not yet born, even though the negligence will affect the baby for years down the road.

A Startling Approach by Defense Attorneys

medical malpractice attorneys in nj and pa Some lawyers who have represented defendants in these sorts of cases have come forth with surprising, if not shocking, legal arguments to avoid liability. Some attorneys in this situation have argued that there can not possibly be negligence because that tort requires a duty and a breach of duty. The argument follows that a defendant could not have possibly had a duty of care towards a being that is not yet born. This approach is very rarely accepted because it sets forth bad public policy and it tends to disregard the values we tend to hold as a society. Negligence that harms an unborn baby is just as undesirable as any negligence that could injure any one else. Thankfully, medical malpractice attorneys agree that today, recovery of damages is generally acceptable when a baby is injured prior to birth due to some act of negligence.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Birth Defects Attorneys Reveal List of Anti-Convulsants Causing Birth Defects

It is no secret that pregnant women have difficulty with medications, as many medicines and drugs can have extremely adverse effects on a fetus. Birth defects attorneys remind pregnant women to always check with their OB/GYN before taking any medications.

Because medicines can have such devastating effects on a pregnancy, a pregnant woman’s medicinal treatment is usually quite limited. For pregnant women suffering from epilepsy, that treatment is about to become even more limited.

Topamax, the FDA, and AdverseEvents, Inc.

birth defects attorneys in nj and pa Months ago, the Mininno Law Office blog posted about the anti-epileptic drug Topamax, which was shown to cause oral malformations, such as cleft lip or cleft palate, in newborns whose mothers took the drug during pregnancy. The FDA recently changed the drug’s classification from Class C, which is a drug that displayed adverse fetal effects during animal testing, to Class D, which is a classification for drugs that display “positive evidence of human fetal risk.” Now, a litany of other anti-epileptic drugs have been added to a list of drugs that are dangerous to fetuses.

Unfortunately, thanks to the competitive nature of Big Pharma, attorneys, consumer protection and/or patient advocacy groups, and private companies are the people releasing information about the dangers these drugs pose when taken during gestation; dangers as told by the FDA’s Adverse Events Reporting System.

AdverseEvents Inc. is a private company that analyzes the FDA’s adverse drug event database for use in the healthcare industry. AdverseEvents Inc. discovered that the following drugs had as many as 25 reports of birth defect related complications.

  1. Carbatrol/Tegretol – head and facial deformities, spina bifida, and heart defects
  2. Depacon/Kene/Kote – neural tube defects, craniofacial defects, cardiovascular malformations
  3. Dilantin – oral/heart malformations, growth/mental retardation, Fetal Hydantoin Syndrome
  4. Keppra – skeletal problems, slowed growth (before and after birth)
  5. Klonopin – Oral malformations (cleft lip/palate), limb defects, infant withdrawal
  6. Lamictal – cleft lip, cleft palate
  7. Neurontin – spina bifida
  8. Trileptal – craniofacial defects, miscarriage
  9. Zonegran – spina bifida, cerebral palsy, cleft lip/palate

None of the above drugs have had classifications changes from the FDA, but for a few, it is only a matter of time.

Birth Defects Attorneys in New Jersey and Philadelphia

If you are a pregnant and currently taking any of the aforementioned anti-epileptic drugs, speak with your doctor as soon as possible about other, safer options. If you are a parent who has recently given birth to a child who suffers from a birth defect that you believe can be attributed to one of the above prescription drugs, contact the Mininno Law Office to speak with birth defects attorneys and discuss your legal rights. You may also call for a free case evaluation and consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Defective Products Attorneys Secure $40 Million Verdict for Victim’s Family

new jersey philadelphia defective products attorneys kia motors tiffany stablerDefective products attorneys work to serve two groups of people: their immediate clients who have been injured and are in need of compensation, and the public at large, who are put into harm’s way with a defective product.

Recently, in Alabama, a verdict was found against KIA Motors for the death of 16 year old Tiffany Stabler, who was tragically killed after being ejected from her KIA as a result of a collision. Tiffany’s father purchased the car as a gift, and took it to the dealership to make sure everything was in working order. If the recall had been issued in time, Tiffany would still be alive today.

In 2002, KIA recalled nearly 190,000 vehicles from 1995-1998 for defective seat belts, which made a latch noise, but never closed. However, this recall was a month too late for Tiffany, who was killed before the recall was issued. The family’s defective products attorneys were able to secure a sizable judgment for the family, which they most certainly deserve.

How Defective Products Attorneys Help the Public

The Stabler family’s defective products attorneys assisted the Stabler family in receiving compensation, for sure. But they have also helped the public at large, by winning a judgment that will surely make KIA Motors re-think it’s business practices in order to make cars safer for consumers. When a product is defective, defective product attorneys are an important part of the system to insure that market forces mandate a change in the manufacturing of that product. Changing dangerous products is beneficial to everyone as a whole.

Defective Products Attorneys of New Jersey and Philadelphia

If you or your family members have been injured by a defective product, it is important to act quickly to protect your legal rights. Our experienced professionals are available to assist you in getting the compensation you and your family deserve. 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.

Defective Products: Plaintiffs Win Class Action Drywall Lawsuit

A tentative settlement was reached earlier this month in a defective products lawsuit involving Florida homeowners and the supplier of Chinese drywall. The settlement amount is a reported $54.5 million dollars, which is to be used to repair Florida homes. It is estimated that between two and three thousand homes have been infiltrated by this defective drywall. The defective products lawsuit was brought after it was discovered that the drywall contained dangerous toxins that were corroding pipes and electrical wiring and giving off foul odors which led to headaches and breathing problems.

Over a Million Sheets of Drywall Sold in Florida

new jersey philadelphia defective products attorneys banner supply Class Action Drywall LawsuitA Miami company, Banner Supply, sold 1.4 million sheets of the defective drywall to various builders throughout the state of Florida. Homeowners will now be compensated due to the corrosive material that was used in their homes. This problem, with Chinese drywall, began to grow in the time after Hurricanes Katrina and Rita hit the southern coast. Chinese drywall was imported into the States in large numbers as the call to rebuild homes grew louder.

Following the discovery of the defective nature of the drywall, countless lawsuits were filed against various distributors, manufacturers, and installers, including Banner Supply. Banner Supply believes that they were lied to about the overall quality of the drywall when they purchased the defective products from Knauf Group, a German distributor. Although Banner and their insurers were forced to pay out for this large settlement, it is foreseeable that they will seek damages from the actual manufacturers and distributors that previously handled these defective products. It is not quite clear who is truly at fault for the defective drywall, it could be the Chinese manufacturer, the German distributor, or the American supplier. In any event, it is a great win for Florida plaintiffs who suffered from the defective drywall. This settlement should allow many homeowners to replace the Chinese drywall in an effort to make their homes a safer place.

Defective Products Lawyers in New Jersey and Philadelphia

If you have recently been injured due to a defective product, it is possible that you have some questions. 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.

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.

DePuy Hip Recall Hits Senior Citizens Hardest

new jersey philadelphia depuy hip recall attorneys defense senior citizensAs a DePuy hip recall lawfirm, we have begun noticing a disturbing trend regarding the population base mainly affected by the DePuy hip recall. Not surprisingly, research shows that most hip implant patients are senior citizens. Similarly, most patients who have been affected by the DePuy hip recall are senior citizens. There are certainly many younger patients affected by the DePuy hip recall, so why are the majority of the DePuy hip recall patients senior citizens?


DePuy Hip Recall Lawyers Help Senior Citizens

As our bodies age, our hip joints tends to be more susceptible to physiological conditions such as osteoarthritis, avascular necrosis of the hip joint, and other chronic inflammatory conditions that can lead to the breakdown of the hip joint. Many younger people do not have these chronic health conditions or, if they do, have not had these conditions long enough to develop the need for hip replacement. DePuy actively marketed its hip implant to senior citizens claiming that it would improve physical functioning and increase a senior’s ability to care for themselves. While this may be true for hip implants or hip replacement surgery in general, it certainly is not true for the DePuy hip implant.

Sadly, many senior citizens who are affected by the recall will now face yet another invasive surgery to remove the defective DePuy hip implant. Even more frightening is the fact that the hip recall surgery required to remove a defective DePuy hip implant, carries with it numerous risks such as the risk of infection, blood clots, and even death. In addition, seniors’ primary health insurance is Medicare which is funded by the United States taxpayers. So, the taxpayers through Medicare are paying for the medical bills of DePuy’s hip recall. (Do a link to the blog about who’s going to pay for medical bills)

DePuy Hip Recall Lawyers Want Justice for Victims

While most senior citizen advocacy groups have always recommended a hip replacement to improve the quality of life for seniors, it is likely some of those same advocacy groups are now regretting that their members are subject to the DePuy hip recall. These defective DePuy hips will ultimately adversely affect senior citizens who have a DePuy hip implant;the very population base these hip implants were intended to help.

DePuy Hip Recall Lawyers in NJ and PA

If you are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation. Our experience defective product and product liability attorneys are eager to help you earn the compensation you need and deserve. The potential complications involved with the implanting of a defective DePuy implant are quite serious and should not be taken lightly. Don’t wait to contact not only your orthopaedic doctor, but an attorney as well.
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 compensation you need and deserve.