Lawsuit Information Center

December 1, 2011

All-Metal Hip Replacements: No Advantage Over Older Implants

We recently reported on a study that revealed that the metal-on-metal hip replacements failed three times more often than other artificial hips. In fact, the U.S. Food and Drug Administration (FDA) ordered twenty-one (21) artificial hip manufacturers to conduct studies of the Metal-on-metal (MoM) hip replacement devices, and how they can adversely affect patients, after having received close to 11,000 reports of defective hip failures from January through September 2011.

All of this concern may be for nothing, as findings of a new study reveal that the all-metal artificial hip replacements provide no advantage when compared to older types of hip implants – they just appear to carry a greater risk of problems.

FDA researchers just published a report in the British Medical Journal in which the effectiveness of a number of types of hip implants was examined. Metal-on-metal hip implants were examined, as were ceramic-on-ceramic implants, and they were compared to the older metal on polyethylene implants and ceramic on polyethylene implants. The comparative study looked at 3,139 patients in 18 comparative studies. Data from 83,000 operations worldwide was reviewed.

November 7, 2011

Plavix Lawsuit

by Ronald V. Miller, Jr.

Plavix (clopidogrel) is a prescription anti-platelet medication used to prevent stroke and heart attack in patients with cardiovascular disease. Plavix works by making blood platelets less likely to form clots.

It is generally taken in tablet form, once per day by mouth. Plavix is one of the best selling drugs worldwide, with over $8 billion dollars in annual sales.

As with many medications, Plavix may cause serious side effects, including:

Common Side Effects of Plavix

Bleeding: This is the most common side effect and can range from minor bruising to more severe bleeding.
Bruising: Increased tendency to bruise due to reduced blood clotting ability.
Nosebleeds: More frequent or prolonged nosebleeds.
Gastrointestinal Issues: Including stomach pain, diarrhea, indigestion, or heartburn.
Headaches: Mild to moderate headaches.
Dizziness: Feelings of lightheadedness or vertigo.
Itching or Rash: Skin reactions such as itching or rashes.

Serious Side Effects of Plavix

Severe Bleeding: Including gastrointestinal bleeding, brain hemorrhage, or bleeding within the eyes.
Thrombotic Thrombocytopenic Purpura (TTP): A rare blood condition involving blood clots forming throughout the body.
Hemorrhagic Stroke: Bleeding in the brain, especially in patients who have had a recent brain injury or surgery.
Ulcers or Holes in the Stomach or Intestines: Manifesting as severe stomach pain, bloody stools, or vomit that looks like coffee grounds.
Allergic Reactions: Symptoms may include rash, itching/swelling (especially of the face/tongue/throat), severe dizziness, or trouble breathing.
Liver Problems: Symptoms such as yellowing of the skin or eyes, dark urine, or persistent nausea/vomiting.
Low White Blood Cell Count: Leading to increased susceptibility to infections.

Drugs come with side effects. We all get that. So that is not the question. Instead, the question is whether the maker of Plavix knew that people who are unable to metabolize Plavix adequately were at greater risk for a heart attack. Since Plavix will not work until it is metabolized in the body, these individuals are at a greater risk for heart attack and stroke.

This increased risk is so great that in March of 2010, the FDA added what is known as a “Black Box Warning” to Plavix to alert both patients and physicians that the drug can be less effective in those patients who are unable to metabolize it into the active form. It is estimated that as many as 14% of the U.S. population are poor metabolizers of Plavix.

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November 5, 2011

Update for Tumor Necrosis Factor (TNF) Blockers

by Ronald V. Miller, Jr.

The Food and Drug Administration (FDA) is urging Healthcare professionals to remain vigilant about reporting cases of malignancy in patients treated with TNF blockers to MedWatch. This comes after the FDA has continued to receive reports of a rare cancer of white blood cells, known as Hepatosplenic T-Cell Lymphoma or HSTCL.

The FDA updates on Tumor Necrosis Factor (TNF) blockers

HSTCL is an aggressive cancer and is usually fatal. The majority of the reported cases were in patients that are being treated for Crohn’s disease or ulcerative colitis, but also include a patient that is being treated for psoriasis and two patients that are being treated for rheumatoid arthritis. The FDA is now updating the number of reported cases of HSTCL. Although most reported cases of HSTCL occurred in patients treated with a combination of medicines known to suppress the immune system, including the TNF blockers, azathioprine, and/or mercaptopurine, there have been cases reported in patients receiving azathioprine or mercaptopurine alone.

October 24, 2011

New Medicare Rule

by Ronald V. Miller, Jr.

Medicare continues to make efforts to try, post Haro v. Sebelius, to make for an easier solution for dealing with Medicare liens. The latest? In very small cases, they are more likely to be handled by injury victims themselves as opposed to personal injury lawyers, Medicare will offer a 25% gross payment alternative to dealing with Medicare on a lien.

It is certainly not the deal of a lifetime by any stretch. More importantly, it is only for cases that do not exceed $5,000. But the option applies in:

Cases after November 7, 2011
Involve physical injury
$5,000 or less
The option is selected in a to-be-determined time frame
Medicare has yet to make a final demand
The beneficiary does not expect to receive future third party injury payments

If these conditions are satisfied, a beneficiary will resolve and satisfy Medicare’s lien by paying Medicare 25% of the insurance settlement. While the primary application will now, more than likely, be small soft tissue car accident claims, a successful run might lead to larger scale implementation down the road.

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October 17, 2011

Alabama man awarded $1.5 million for electrical shock

by Ronald V. Miller, Jr.

An Alabama jury awarded $1.5 million to a man shocked by low-hanging power lines. The Plaintiff was paving a road in Alabama when his vehicle struck Black Warrior Electric power lines, sending 7,600 volts of electricity through his right arm.

Suffice to say, that is a lot of electricity, although voltage alone is cause for injury, it is the voltage multiplied by the current. Obviously, his insulation in the vehicle would be important. Still, it has to affect a jury to learn that the guy got shocked by an amount of voltage that is substantially less than the voltage given in the electric chair (about 2000 volts).

Plaintiff’s successfully argued at trial that this accident would not have happened if the power company had complied with national codes require that power lines that carry that amount of voltage be placed a certain height above the ground. The jury apparently agreed.

October 11, 2011

Tamoxifen and Diabetes

by Ronald V. Miller, Jr.

Researchers have uncovered a link between breast cancer treatment and type 2 diabetes. According to a study conducted by The University of Toronto, it has been discovered that therapy with the drug Tamoxifen has been linked to a significant increase in the development of diabetes in older survivors of breast cancer.

Tamoxifen, an oral medication used in women with breast cancer, is one of the most widely prescribed drugs to prevent a recurrence in women who have been treated for the condition. Tamoxifen disrupts the female body’s production of estrogen, which promotes breast cancer in women. Research now suggests that the drug may contribute to an increased risk of developing type 2 diabetes. Researchers state that no one taking Tamoxifen should discontinue their use of the medication, but they and their doctors should know the association.

For the study, the researchers examined the medical records of 14,360 women over the age of 65 who had been diagnosed with early-stage breast cancer, and had survived. The results, which were published in the journal “Cancer”, showed that Tamoxifen patients are 25 percent more likely to develop type 2 diabetes.

October 4, 2011

Multiple Bone Fractures

by Ronald V. Miller, Jr.

Stating the obvious, multiple fracture personal injury claims tend to be serious cases. Jury Verdict Research did a study looking at multiple fracture cases

Premises Liability: 17%
Pedestrian Accidents: 15%

September 8, 2011

Tort Reform in Pennsylvania: More Proposed Anti-Victim Legislation

by Ronald V. Miller, Jr.

Max Kennerly writes about a lot of new bills being proposed in Pennsylvania. Any legislature can propose a bill and there is always someone in every legislature – on both sides of the aisle – who likes to put out radical bills so they can brag to their constituents about how crazy they are. Still, these proposed bills do not give you a warm fuzzy feeling about the political climate right now for injury victims.

Ultimately, I think the problem is that people want jobs or more stability in their jobs and that fear distracts them from thinking about the unlikely possibility that they will be seriously injured and want to be compensated for those injuries. Politicians love blaming personal injury lawyers because they are an easy target. Often, the people throwing the punches don’t really feel like oppressing tort victims is going to solve anything but they can’t resist grabbing the low hanging fruit of blaming lawyers. To make matters worse, we have a minority of personal injury lawyers who are more than willing to live up to the stereotype.

August 29, 2011

Indiana Personal Injury Verdict Statistics

by Ronald V. Miller, Jr.

Jury Verdict Research has come out with some new data that underscores how hard it is to rely on verdict statistics in a particular jurisdiction to prove how that venue values cases.

JVR found that the median compensatory award for personal injury trials in Indiana is $25,036 and injured plaintiffs recover damages in 57 percent of cases that go to verdict. This is different – in opposite ways – from the national data. The national median is approximately $40,000 and the nationwide plaintiff recovery probability is 9% less. To be sure, the differences are statistically significant. Are we to believe that juries in Indiana are trusting people who take plaintiffs at their word but just don’t think their claims are worth as much? (Actually, this is possible when you think about it.)
But the statistics get even crazier. Indiana awards twice as much for head injuries ($30,000 v. $15,000) as the rest of the country, but then awards only half of the national median for shoulder injuries ($25,000 v. $49,418). It makes no sense, really.

July 26, 2011

Aluminum Bat Wrongful Death Verdict Affirmed

by Ronald V. Miller, Jr.

The Montana Supreme Court affirmed an $850,000 award to the parents of a baseball player who tragically died after being struck by a ball hit with an aluminum baseball bat.

If your kids are playing baseball – particularly if they are pitching – you have thought about these facts. An 18-year-old boy is pitching in an American Legion baseball game and gets hit in the head. Just an awful case that makes you question whether or not your kids should be playing any sport. There is no completely safe game.