DePuy Recalls 93,000 Hip Implants

August 27th, 2010

DePuy Orthopaedics recalled two types of hip implants Aug. 26, 2010. The company said it was recalling the defective devices because many patients needed further surgery to replace the implants after they failed.

The two devices being recalled are the ASR XL Acetabular System and the ASR Hip Resurfacing System. Both are known as metal-on-metal implants.

The ASR XL Acetabular System is a traditional type of hip implant in which a metal ball on a stem is inserted into the thighbone and a metal cup in which the ball rotates is inserted into the pelvis. The ASR Hip Resurfacing System is a partial hip replacement that is a substitute for the arthritic surfaces of the bone or bones in the hip.

The more traditional Acetabular System is approved for sale worldwide. The Hip Resurfacing System is not approved in the United States, but has been sold in other parts of the world.

DePuy received FDA approval for the metal-on-metal joint replacements in 2005. Not long after that, however, problems with the new implant materials began to surface. The friction of the metal-on-metal implants was causing debris to shed from the devices, inflaming surrounding tissues.

Other problems arose regarding the artificial socket or cup portion of the joint. The socket was too shallow to articulate properly with the artificial ball or head atop the femur and unusually difficult for a surgeon to position correctly.

A DePuy spokeswoman said that approximately 93,000 of these artificial hip systems have been surgically implanted around the world.

The FDA, reportedly, has received roughly 400 complaints from patients implanted with the devices since early 2008. Many of the joints need replacement in three years or less. The normal life of hip transplants is 15 years.

DePuy is a division of Johnson & Johnson. It said the company would pay reasonable and customary expenses associated with the recalled products, including surgery for new hip implants.

If you believe that you have been harmed by one of the recalled metal-on-metal implants, you may qualify to recover compensation for your losses, pain and suffering. To find out if you are eligible, please contact a defective device lawyer at the law offices of Aylstock, Witkin, Kreis & Overholtz. We can be reached toll free at (888) 255-2956.

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Bupropion Hydrochloride May Increase Risk of Birth Defects

August 25th, 2010

Bupropion hydrochloride, sold under the brand names Wellbutrin and Zyban, is potentially a defective drug as it may be linked to severe birth defects. Potential birth defects associated with the medications include cardiac malformations, neural tube defects, craniosynostosis and clubfoot.

Wellbutrin is used to treat Major Depressive Disorder and Seasonal Affective Disorder. It works by restoring a person’s chemical imbalance by creating more dopamine, serotonin and norepinephrine.

Zyban is prescribed as a smoking cessation drug. It works by decreasing a person’s nicotine cravings and the symptoms associated with nicotine withdrawal.

The two drugs, although prescribed as different treatments, contain the same active ingredient. Bupropion hydrochloride may increase the risk of severe heart-related birth defects in unborn babies.

If your child was born with a birth defect and you took Wellbutrin to treat depression or Zyban to help you quit smoking during your pregnancy, you may qualify to seek compensation. To schedule an evaluation of your case, contact the personal injury lawyers of Aylstock, Witkin, Kreis & Overholtz. We can be reached at (888) 255-AWKO (2956).

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Salmonella Vaccine to Prevent Tainted Eggs

August 24th, 2010

According to reports, there may have been a way to prevent the massive egg recall that has consumers across the U.S. concerned. Roughly a half-billion eggs are now involved in the food recall, and nearly 2,000 people have been affected. More people may become sickened as the number of potentially tainted eggs continues to grow.

The Associated Press reports that a vaccine could have prevented the salmonella outbreak. The vaccines, according to reports, would be given to the hens to prevent them from getting salmonella and transferring it to the eggs.

The vaccines are used in Great Britain, but are not required in the U.S. Since the vaccines have been used in Great Britain, the number of egg-related salmonella outbreaks has reduced dramatically. Reports say the only breakouts have been in eggs imported from other places in the European Union.

Darrell Trampel, a poultry veterinarian at Iowa State University, told reporters that the U.S. might begin to consider use of the vaccines because of the massive recall. Apparently, the vaccines are not required because of the potential cost to American farmers and because advocates have been concerned about other foods safety reforms.

The current recall involves more than a half-billion eggs. The eggs have been traced to two farms sin Iowa: Wright County Egg and Hillandale Farms. The recalled eggs were sold under the following brand names: include Albertsons, Boomsma’s, Dutch Farms, Farm Fresh, Kemps, Lucerne, Lund, Mountain Dairy, Ralph’s, Shoreland, Sunshine, Trafficanda, Hillandale Farms, Sunny Farms, Sunny Meadow, Wholesome Farms and West Creek.

Investigations to determine the cause of the salmonella continue. Salmonella is a food-borne illness that affects a person 12 to 72 hours following infection. Common symptoms include diarrhea, stomach cramps and fever.

If you or someone you love has become ill as a result of the recalled eggs, you may qualify to seek financial compensation for your pain and suffering. To find out if you qualify, contact a Pensacola personal injury attorney at the law offices of Aylstock, Witkin, Kreis & Overholtz at (888) 255-2956.

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BP Oil Spill Litigation Consolidated in New Orleans

August 10th, 2010

On August 10, 2010, the Judicial Panel for Multi-District Litigation (”JPMDL”) ordered the transfer of all cases pending in federal court, except for the personal injury and/or wrongful death claims brought by the workers on the Deepwater Horizon rig, to the Eastern District of Louisiana. A copy of the order can be seen here: http://www.jpml.uscourts.gov/Panel_Orders/Recent_Orders/MDL-2179-Transfer_Order.pdf or by clicking here.

Partner, Neil Overholtz, traveled to Boise Idaho and argued before the JPMDL for transfer of all cases to Pensacola, Florida (Northern District of Florida). Mr. Overholtz spoke after receiving word from the JPMDL regarding the choice of New Orleans, stating: “We have seen BP begin to deny many claims and/or short-changing many clients. We look forward to the opportunity to hold BP accountable in a court of law and will litigate before the court in New Orleans on all pre-trial matters. However, we are confident that our Florida clients will have their claims fairly heard, whether in the Court in New Orleans or, if and when the time comes, if BP hasn’t taken full responsibility, in the Court in Pensacola after we ask that our clients’ claims be returned for trial.

If you or a loved on incurred economic damages or losses or were otherwise impacted physicially or economically by the Gulf Oil Disaster, please contact our offices for a free consultation toll free at: 877-810-4808.

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BP stalling claims payments so that Feinberg will take blame for denials

August 9th, 2010

News reports say BP is delaying claim payments to avoid reports of “denials” of payments.

Apparently, BP officials are attempting to put off any denials of claims until the process is turned over to Kenneth Feinberg, the federally appointed administrator of the $20 billion compensation fund that the White House convinced BP to set aside.

BP’s strategy, experts say, is to make Feinberg take the blame for all the claim denials.

“They don’t deny them. They just hold them open forever,” said Mississippi Attorney General Jim Hood.

If BP continues to use stalling and delaying tactics to avoid paying legitimate claims, local lawyers say their clients will be forced to file their claims in court and sue BP for damages.

Lawyers at Pensacola-based Aylstock, Witkin, Kreis & Overholtz were among the first to file claims against BP, including a class action suit to recover lost profits for Gulf Coast commercial fishermen.

Feinberg is scheduled to address the public in Pensacola on Tuesday, August 10, at 11:30 a.m. at the Conference Center on the University of West Florida campus.

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Zimmer Under Fire For Failed Durom Hip and NexGen Knee Products

July 31st, 2010

Senator Seeks Data on Artificial Hips and Knees
By BARRY MEIER
Published: July 30, 2010

A top Senate Republican is asking the nation’s biggest maker of artificial hips and knees to disclose information about how it handles complaints about possible product flaws from its medical consultants.

Dr. Lawrence Dorr, a surgeon, complained that a component in an artificial hip made by Zimmer was failing in his patients. In a letter sent Thursday, the lawmaker, Senator Charles E. Grassley of Iowa, also asked the company, Zimmer Holdings, to disclose how it tracked the long-term performance of its orthopedic devices. Zimmer, which is based in Warsaw, Ind., said in a statement that it welcomed the opportunity to discuss its policies, including how it responded to surgeon complaints.

“This feedback can lead to modifications and improvements to products, their labeling and the manner in which we train and educate surgeons about our products,” Zimmer said. In his letter, Senator Grassley said his inquiry was prompted by a June 20 articlein The New York Times that detailed disputes in recent years between Zimmer and two of its top consultants.

The disputes involved different Zimmer products — in one case, a knee, and in the other case, a hip device component. In both instances, Zimmer blamed surgical technique, rather than the implant, for the failure of the device.

In the case of the hip, the consultant, Dr. Lawrence Dorr of Los Angeles, alerted other orthopedic surgeons two years ago that a component known as the Durom cup was failing in patients soon after implant, requiring costly and painful replacement surgery.

For its part, Zimmer said that the problem was Dr. Dorr’s technique and provided the Food and Drug Administration with data from 12 surgical centers showing that the hip was working well. Based on that information, the agency decided to close its investigation of the device, an F.D.A. spokeswoman, Mary Long, said earlier this year.

But two orthopedic surgeons who supplied the data to Zimmer told The Times in June that the Durom cup also began to fail soon afterward in their patients and that they no longer believed the problems were technique-related. Zimmer maintains the product is safe.

The other case involved Dr. Richard A. Berger of Chicago, whose long-term consulting relationship with Zimmer ended after he raised questions about failures of one of its knee models, called the NexGen CR-Flex. The company said that it had investigated Dr. Berger’s complaints and did not find the device to be at fault. The company also said it frequently changed the consultants it used.

Senator Grassley also asked Zimmer to provide a list of the safety concerns raised in the last two years by outside consultants like Dr. Dorr and Dr. Berger as well as details about how the company had responded.

“Of the safety concerns or problems identified since January 2008, how many were refuted by Zimmer?” the letter asked.

Orthopedic implants, given the aging population, are among the fastest-growing category of medical implants and a major expense for taxpayer programs like Medicare.

However, while some countries use patient databases to track the performance of artificial hips and knees, the United States, which is the world’s largest user of such devices, does not.

Also, while makers of another widely used type of medical implant — heart devices like defibrillators — use panels of outside medical experts to review product complaints, orthopedic implant producers do not.

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FDA Set to Investigate Potential Health Risks of Benicar

June 17th, 2010

FDA Announces It Will Evaluate the Potential Heart Risks of Benicar

The U.S. Food and Drug Administration (FDA) has announced it will investigate the possible increased health risk of hypertension drug Benicar. This comes after disturbing data revealed by two clinical trials indicating that Benicar may lead to an increased risk of heart attack, stroke and sudden death. Benicar falls under a category of drugs called angiotensin-receptor blockers (ARBs).

During the clinical trials, originally conducted to determine whether Benicar could slow the progression of kidney disease, surprising results showed an increased risk of heart failure, stroke and sudden death among type 2 diabetes patients who were taking Benicar versus those taking a placebo.

As it conducts its investigation, the FDA is asking both patients and medical professionals to immediately report any adverse side effects of Benicar.

If you or a loved one has been harmed while on Benicar, you may be eligible to receive compensation. To learn more, please contact AWKO, Pensacola’s most experienced defective drug legal team, at (888) 255-2956.

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New Study Links Blood Pressure Drugs to Cancer

June 17th, 2010

Several Blood Pressure Drugs Linked to Increased Rick of Cancer

After analyzing nine randomized studies of certain blood pressure drugs, researchers at Case Western University School of Medicine have concluded that several of the drugs may lead to cancer in some patients. Dr. Ilke Sipahi and his colleagues at Case Western found that blood pressure drugs called angiotensin-receptor blockers (ARBs) may increase the risk of a new cancer by 8 percent. The drugs in question include Diovan, Micardis, Blopress, Atacand, Amias, and Cozaar. In 2009 alone, more than 82 million patients were prescribed an ARB.

As a result of the study, some medical experts are calling for federal regulators to investigate the drugs in question, while asking medical practitioners to use the drugs with caution and prescribe alternative treatments, including angiotensin-converting enzyme inhibitors, when possible.

Other experts, though, have challenged the findings, calling the study “flawed.” Many claim that the study failed to make a compelling argument and lacks scientific evidence.

However, most experts agreed that the study could be interpreted as a “signal” to both researchers and federal regulators of dangers associated with ARBs, which are currently used by tens of millions of patients.

While the latest findings of the increased risk of cancer as a result of ARBs may not be enough to prove a defective drug case at this time, the skilled Pensacola defective drug attorneys of Aylstock, Witkin, Kreis and Overholtz, PLLC, are closely monitoring the latest information and are prepared to evaluate your case if you believe that you or a loved one may have developed cancer while using one of the above-mentioned blood pressure drugs.

The law offices of Aylstock, Witkin, Kreis and Overholtz boast some of the most qualified personal injury lawyers in Pensacola. They have represented and obtained substantial compensation for a number of individuals who have been harmed by defective drugs. To learn more about filing a defective drug lawsuit, please contact AWKO law today at (888) 255-2956.

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Lobster Recall – Listeria Contamination Suspected – AWKO Law

June 17th, 2010

Recall Issued for Lobster Meat Distributed by Portland Shellfish Company

Portland Shellfish Company is voluntarily recalling several of its lobster products distributed between May 12 and June 8, 2010, to grocery stores and retailers nationwide due to a possible listeria contamination.

The FDA has also released a statement urging consumers not to consume the products. This comes just a few days after several of the products tested positive for listeria.

Listeria is a dangerous bacterium that can cause a variety of gastrointestinal problems and may lead to death in children, the elderly and individuals with weak immune systems. Listeria may also cause miscarriage in pregnant women. Symptoms of listeria infection include high fever, severe headaches, abdominal pain, stiffness and diarrhea.

To view a complete list of affected products, please visit our food poisoning recall site. www.foodpoisoningrecall.com

If you or a loved one has become ill after consuming a listeria-contaminated product, you may be eligible to receive compensation for your suffering. For a thorough case review and reliable legal advice, contact the law offices of Aylstock, Witkin, Kreis & Overholtz at (888) 255-2956. Our personal injury attorneys are also skilled in resolving legal cases arising from E.coli, salmonella, shigella, campylobacter and botulism outbreaks.

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Government convinces BP to set aside $20 billion to fund initial claims

June 16th, 2010

BP announced that the company is setting aside $20 billion to honor claims of damages and losses caused by the BP oil rig disaster in the Gulf of Mexico after intense pressure from President Obama in a four hour meeting today.

The $20 billion is not a cap on payments, which could greatly exceed that amount as claims are processed, cleanup progresses, and lawsuits are filed.

AP reports that the company’s “potential liabilities, including cleanup costs, victims’ compensation and civil fines, are breathtaking to consider — stretching far beyond the $20 billion fund.” Liability and payments beyond the voluntary payments may need to be determined by civil litigation in Florida, Alabama, Mississippi, Louisiana, and elsewhere. Lawsuits in each state allege negligence and other claims against BP and the other corporations involved in the disaster, including Transocean, Halliburton, and Cameron International.

BP also may be liable for civil penalties under a variety of environmental protection laws, according to Coast Guard Adm. Thad Allen. As many as 66,000 claims have been filed already, said Adm. Allen. Approximately $81 million has been awarded and 26,000 payments made, he said.

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