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New York Times Archives - Carey Danis & Lowe

GM Steering Recall Class Action: Join a Class Action

By | Class Action, Uncategorized

UntitledIn February 2015, General Motors issued a power steering recall that targeted 81,000 vehicles. The electronic power steering system in these vehicles, which included the Chevrolet Malibu, Chevrolet Cobalt, and Pontiac G6, unexpectedly failed, resulting in drivers experiencing great difficulty in steering the vehicles.

The vehicles that were part of the February 2015 recall are:

Chevrolet Malibu

  • all 2004 and 2005 models
  • some 2006, 2008, and 2009

Chevrolet Malibu Maxx

  • all 2004 and 2005 models
  • some 2006 models

Chevrolet HHR

  • some non-turbocharged model vehicles from 2009 and 2010

Chevrolet Cobalt

  • some 2010 models

Saturn Aura

  • some 2008 and 2009 models

Saturn Ion

  • all 2004 – 2007 models

Pontiac G6

  • all 2005 models
  • some 2006, 2008, and 2009 models

According to a New York Times article on the GM power steering recall, the car manufacturer attempted to discreetly address the power steering defect.

GM didn’t make any public announcement about the power steering problem, even though they were aware of the defect. Instead, the car manufacturer notified dealers of how to fix the power steering defect, but only if car owners complained.

It wasn’t until the power steering complaints grew to such a number that GM finally made the decision to issue a power steering recall.

Could you join a class action lawsuit about the GM steering recall?

If you owned or leased one of the recalled vehicles, you may be eligible to participate in a GM lawsuit about power steering. Contact one of our class action attorneys for a free case evaluation. One of our attorneys can guide you through your legal options, and help you decide if filing a class action lawsuit is right for you.

To learn more, please contact Tiffany M. Yiatras, Corey D. Sullivan, or Francis J. “Casey” Flynn, Jr. by calling 800.721.2519. You can also send an email to Tiffany M. Yiatras at tyiatras@careydanis.com.

We look forward to assisting you in any way that we can.

DePuy Settlement News: Orthopedics Manufacturer Presents $2.5 Billion Plan

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Replacement Lawsuit Update: Trials Scheduled to Begin this Year in Maryland, New Jersey, and OhioThis month, Carey Danis & Lowe provided news on the widely reported DePuy settlement of $4 billion. The latest development to surface from the DePuy ASR settlement is that DePuy has agreed to a $2.5 billion plan. Prior to this recent announcement made on November 19, many sources discussed the possibility of a $4 billion agreement.

According to the New York Times, the DePuy and Johnson & Johnson settlement will still apply to those plaintiffs who received an implant of the DePuy ASR hip implant, and have since had it removed and replaced.

Though the settlement figure has dropped from the speculated amount, in actuality, the total cost to DePuy to close these cases will not be reflected solely by this number. DePuy’s plan moving forward will be to reimburse plaintiffs for their medical expenses incurred during revision surgeries. These reimbursements will be handled separately from the settlement according to the current plan.

Thus, the $2.5 billion will provide eligible plaintiffs with a compensation package for the pain and suffering that they endured because of the ASR hip implant.

DePuy’s proposed plan will apply to approximately 8,000 of 12,000 lawsuits, with individual compensation packages estimated at $250,000. However, those plaintiffs whose experiences with the medical device were particularly unique in their harm to patient health and safety will receive additional compensation, though it is not yet clear as to the size of these supplementary awards.

It is up to eligible individuals whose cases have been consolidated in the DePuy ASR hip implant multidistrict litigation (MDL) in Ohio to decide if DePuy’s arrangement is acceptable. According to the New York Times, the plan will need to be approved by 94 percent of plaintiffs in the DePuy MDL. As of right now, it is unclear if these individuals find the plan satisfactory.

DePuy’s proposed settlement does not apply to those individuals who have filed lawsuits, but have yet to replace the defective hip implant. Still, many speculate that in the near future, DePuy will make arrangements for an additional settlement to compensate these individuals.

Carey Danis & Lowe is Here to Help

Carey Danis & Lowe is a defective medical device law firm headquartered in St. Louis. We represent victims of the DePuy ASR hip implant, and can help you or a loved one who has received the device. Contact one of our DePuy ASR hip lawyers today to discuss your legal options, how the DePuy settlement could affect your case, and for assistance with filing a DePuy ASR hip lawsuit.

When you contact Carey Danis & Lowe, you can also speak with one of our on-staff nurses about the health complications often associated with the DePuy ASR hip implant, including damage to surrounding tissue and bone from metal particles that this device has been known to release.

Share your DePuy ASR hip story with us today by calling 800.721.2519, or by submitting a confidential personal injury claim form.

Johnson & Johnson & DePuy $4 Billion Settlement Plan

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

gavel_multidistrict_litigation_settlements_trial_transvaginal_mesh_lawsuitsOf late, it has been widely reported that Johnson & Johnson and DePuy have agreed to a $4 billion settlement of thousands of DePuy ASR hip lawsuits that have been filed across the U.S. The settlement involves anywhere between 7,000 and 8,000 lawsuits targeted at DePuy, a unit of Johnson & Johnson, over their metal-on-metal hip implant, the DePuy Articular Surface Replacement (ASR) device. The reported settlement could be the largest ever in the history of defective medical device litigation.

Though the settlement is speculated to be around $4 billion, this amount could see a significant increase with individuals filing claims against DePuy in the future. According to the New York Times, only plaintiffs who have undergone revision surgery to remove and replace the DePuy ASR hip implant qualify for compensation under the tentative arrangement.

Background on the DePuy ASR Hip Implant

In 2003, DePuy began an international sales campaign for their resurfacing model of the ASR hip implant. This campaign targeted the UK and Australia, but excluded the U.S. Then, in 2005, DePuy introduced the standard model of the DePuy ASR hip implant onto the U.S. medical device market. While DePuy only sold the standard model inside of the U.S., they sold both the resurfacing model and the standard model internationally.

In 2009, following a request from the U.S. Food and Drug Administration (FDA) for safety information on the ASR hip implant, DePuy began an effort to remove the standard model of the ASR hip implant from the U.S. market. Simultaneously, DePuy was also seeking FDA approval for the resurfacing model, still being sold internationally since 2003, but not yet in the U.S.

However, with increasing reports connecting DePuy’s hip implant with the release of metal particles, the FDA declined to approve the device.

According to the New York Times, DePuy did not share the FDA’s rejection with foreign regulatory organizations in countries where they were still selling the resurfacing model.

Carey Danis & Lowe is Here to Help

Based upon the evidence that has been presented thus far in court cases involving individuals who claim injury from DePuy’s ASR hip implant, it appears that DePuy did indeed design a defective medical device. In cases where manufacturers knowingly keep a dangerous product on the market, the defective medical device attorneys at Carey Danis & Lowe strongly believe in holding accountable those entities who compromise patient safety and health.

If you received a DePuy ASR hip implant, discuss your legal options with Carey Danis & Lowe today. Our case evaluations are free, and we can assist you with filing a DePuy ASR hip lawsuit. Additionally, we work alongside a team of medical experts, who are available to speak with you about health issues related to the DePuy ASR hip implant.

Share your defective medical device story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim.

Levaquin Lawsuit News: Antibiotic Drug Levaquin Linked to Tendon Damage and Many Other Serious Side Effects

By | Levaquin, Pharmaceutical litigation, Uncategorized

Levaquin MDL Settlement Update: Phase 1 Plaintiffs Have Signed a Settlement AgreementIn current Levaquin lawsuit news, it has become apparent that fluoroquinolones, like Levaquin (levofloxacin), is the cause of more than just tendon damage, as previously understood. In a recent New York Times article,  fluoroquinolone antibiotics have recently been linked to other serious problems affecting ocular and renal health.

The article goes on to cite the fact that this class of antibiotics has been over-prescribed by doctors. According to one pharmacological epidemiologist, prescribing a drug like Levaquin to treat certain infections is sometimes overkill. It appears that the harm caused by Levaquin and other fluoroquinolone antibiotics could be lessened by exploring other treatment options.

Individuals who have taken Levaquin, and have experienced health complications following use, have most often reported incidences of tendon damage, tendon rupture, and tendonitis. Though, in addition to tendon problems, recent research published in The Journal of the American Medical Association reveals that the use of fluoroquinolones like Levaquin has also played a key role in increasing the risk of retinal detachment and kidney failure.

In 2008, the U.S. Food and Drug Administration ordered manufacturers of fluoroquinolones to include a boxed warning about the risk of developing tendonitis and tendon damage while using these kinds of antibiotics. Following the studies showing a connection between Levaquin and damage to retinal and renal health, the FDA recently updated this order to cover information about the link between fluoroquinolone use and neuromuscular problems.

The manufacturer of Levaquin, Janssen Pharms, faces over 2,000 Levaquin lawsuits.

Carey Danis & Lowe Levaquin lawyers are currently investigating Levaquin cases. If you or someone you love has been injured through the use of Levaquin, contact Carey Danis & Lowe today for a free legal evaluation and for assistance in filing a Levaquin lawsuit.

Contact Carey Danis & Lowe by calling 800.721.2519 or by submitting a personal injury claim form.

Chicago DePuy Hip Trial Jury Rules in Favor of Johnson & Johnson and DePuy

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_hip_replacement_lawsuit_litigation_settlements_product_liabilityIn delivering their verdict on March 16, a jury in the Chicago DePuy Hip trial ruled in Johnson & Johnson and DePuy’s favor.

In an article from the New York Times, the jury released a verdict stating that neither Johnson & Johnson nor DePuy engaged in a misleading marketing campaign to promote the metal-on-metal hip implant.

In contrast to the Chicago DePuy Hip trial, in the first DePuy ASR Hip lawsuit to go to trial in California, the plaintiff Loren Kransky was awarded a compensatory award of $8.3 million.

With two DePuy ASR Hip lawsuits settled, Johnson & Johnson faces another 10,000 cases, some of which have been consolidated into a multidistrict litigation (MDL) in Ohio.

Carey Danis & Lowe DePuy ASR Hip lawyers will continue to represent clients who have been injured by the defective metal-on-metal hip implant because the evidence uncovered in our investigations indicates that the DePuy ASR Hip implant causes serious injury.

DePuy ASR Hip lawyers at Carey Danis & Lowe encourage individuals who have been injured by the DePuy ASR Hip implant to contact one of our experienced trial lawyers for a free legal evaluation about your case, and for assistance in filing a DePuy ASR Hip lawsuit. Contact Carey Danis & Lowe today by calling 800.721.2519 or by submitting a legal claim form.

Carey Danis & Lowe Optimistic About DePuy ASR Hip Lawsuits Following Johnson & Johnson Loss

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

Published March 19, 2013 by PR Web

St. Louis, Missouri (PRWEB) March 19, 2013

Carey Danis & Lowe Optimistic About DePuy ASR Hip Lawsuits Following Johnson & Johnson LossWith defective medical device lawyers currently investigating DePuy ASR Hip Replacement system cases, Carey Danis & Lowe is optimistic about the future of DePuy ASR Hip lawsuits that go to trial. Kransky v. DePuy, a case being heard in a California Superior Court in Los Angeles, involved the plaintiff, Loren Kransky, and resulted in Kransky receiving a compensatory award of $8.3 million, according to a New York Times report on the [DePuy trial].

Though the 12-person jury in Kransky v. DePuy did not award the plaintiff with a punitive damages, as detailed in the New York Times article, a second DePuy ASR Hip lawsuit has gone to trial in Chicago. The trial in Chicago presents another opportunity for a jury to award a plaintiff with compensatory and punitive damages.

Defective medical device lawyers at Carey Danis & Lowe are closely following the Chicago trial, known as Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County. Carey Danis & Lowe will watch the case to see what evidence will be brought before the jury, and if this evidence persuades them that Johnson & Johnson and DePuy should be punished through payment of punitive damages for malicious and negligent business practices regarding the development and marketing of the DePuy ASR Hip.

A Bloomberg article on Strum v. DePuy states that the trial began with opening statements on March 11, so there remains much more information to be brought forth before the jury.

Lawyers at Carey Danis & Lowe are hopeful that individuals who have been injured by the DePuy ASR Hip implant will be compensated for undergoing numerous revision surgeries, pain resulting from a defective metal-on-metal hip, and other losses resulting from the hip implant. Carey Danis & Lowe is encouraging injured parties to contact the law firm about DePuy ASR Hip cases, especially in light of the Kransky v. DePuy verdict.

For more information about contacting Carey Danis & Lowe about a DePuy ASR Hip case, visit https://www.careydanis.com.

DePuy ASR Hip Trial Update: DePuy Marketing Director Voiced Concerns about DePuy ASR Hip Implant and Advised Recall

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Trial Update: DePuy Marketing Director Voiced Concerns about DePuy ASR Hip Implant and Advised RecallThe first of 10,000 DePuy ASR Hip lawsuits is on trial in a California Superior Court in Los Angeles County. The trial, Kransky v. DePuy, continues to move forward with testimony, most recently from a DePuy marketing executive.

he testimony delivered late last week concerned a Johnson & Johnson director of hip marketing, Paul Berman, who wrote an email voicing concerns about the safety of the DePuy ASR Hip Replacement system, and advised a recall. Berman’s email was sent out on March 14, 2010.

According to a Bloomberg News report on the most recent DePuy ASR Hip trial proceedings, a total of four emails were sent out to other Johnson & Johnson and DePuy executives addressing Berman’s misgivings about the DePuy ASR Hip implant. Furthermore, Randall Kilburn, a DePuy marketing executive, testified that he showed Berman’s email to the then DePuy president, David Floyd.

Clearly, then, DePuy executives at all levels were made aware of at least one employee’s concerns regarding the safety of the DePuy ASR Hip implant. However, the DePuy ASR Hip recall took place several months after Berman’s email was sent out in March 2010. It appears that these early warning signs and concerns were ignored for far too long, allowing time for more patients to receive defective hip implants.

The DePuy ASR Hip Replacement system has become synonymous with an abnormally high failure rate. According to information supplied to the jury in Kransky v. DePuy, evidence revealed the failure rate for the DePuy ASR Hip implant to be “35.8 percent within 4.57 years”.

This failure rate calculation comes from an internal DePuy study conducted to determine the efficacy of the DePuy ASR Hip Replacement system.

In a recent New York Times article, it appears that Johnson & Johnson also received a letter from a doctor and consultant addressing the defective design of the DePuy ASR Hip implant that, according to his observations, was causing harm to patients. The letter was sent in 2008, and advised that Johnson & Johnson “slow its marketing” in order to conduct an in-depth study of the DePuy ASR Hip Replacement system.

Evidently, Johnson & Johnson chose to ignore the warning signs and letters coming internally and from outside of the company about the defective nature of the DePuy ASR Hip Replacement system.

If you or someone you love has received a DePuy ASR Hip implant, and has experienced any health complications related to the implant, such as metal poisoning, neurological damage, numerous revision surgeries, and local tissue, muscle, and bone damage, you may be eligible to receive compensation for such undue suffering and loss.

For a free legal consultation and to file a DePuy ASR Hip lawsuit, contact an experienced trial lawyer at Carey Danis & Lowe by calling 800.721.2519 or by submitting a claim using our legal claims form.

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuy

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuyThe first DePuy ASR Hip Replacement trial continues to move forward in a California Superior Court in Los Angeles County. The trial known at Kransky v. DePuy involves the plaintiff Loren Kransky, a 65 year old North Dakota resident who received a DePuy ASR Hip Replacement, and after experiencing health complications with his hip implant, he filed a lawsuit against DePuy.

In testimony delivered before the Los Angeles court on January 31, Graham Isaac, a DePuy engineer, spoke about the laboratory testing of the DePuy ASR Hip Replacement. According to Isaac, DePuy researchers only tested the DePuy ASR Hip at one angle because implanting the hip implant components at a variety of angles resulted in the metal components knocking against one another which caused the release of metal debris. Clearly, the inability to implant the DePuy ASR Hip at any angle but one illustrates its inherent design flaw.

According to a New York Times article about the Los Angeles DePuy ASR Hip trial, the DePuy ASR Hip Replacement system has an estimated failure rate of five years in 40 percent of patients. When compared to other hip implants, this failure rate estimation is abnormally high.

Along with the DePuy engineer, Andrew Ekdahl, the president of DePuy which is a unit of Johnson & Johnson, provided testimony in the Los Angeles trial in late January.

The New York Times describes Ekdahl being shown a warning email that details defects and problems associated with the DePuy ASR Hip Replacement. This email was sent to Ekdahl three years before the DePuy ASR Hip recall in mid-2010. In response to being shown the warning email, Ekdahl stated that he along with others at DePuy responded appropriately to issues with the DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement system have claimed that the device causes severe pain, metallosis, and other health complications. During walking or running, the DePuy ASR Hip’s metal components slide against one another causing metal ions to be release into the bloodstream and surrounding muscle and tissues. A build-up of metal ions in the body catalyzes local bone, tissue, and muscle degradation.

Furthermore, the U.S. Food and Drug Administration (FDA) has also cited cases of neurological damage  associated with metal ions entering the bloodstream and ultimately a patient’s brain.

Lawyers at Carey Danis & Lowe are paying close attention to the Kransky v. DePuy trial in Los Angeles. Also, Carey Danis & Lowe is currently offering free legal evaluations of DePuy ASR Hip Replacement cases.

If you or someone you love has received a DePuy ASR Hip implant, and as a result, have experienced serious health complications, you may be entitled to receive compensation for your pain, medical expenses, and lost wages. To file a DePuy ASR Hip Replacement lawsuit, contact Carey Danis & Lowe at 800.721.2519.

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior Court

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior CourtThe first in 10,000 DePuy ASR Hip Replacement lawsuits went to trial in a California Superior Court in Los Angeles County on January 25. The case is Kransky v. DePuy. The plaintiff, Loren Kransky, is a North Dakota resident who received a DePuy ASR Hip Replacement, and filed the lawsuit claiming a defective design and manufacturer negligence.

According to an article recently published by the New York Times, Johnson & Johnson was aware of a serious design flaw in the DePuy ASR Hip Replacement. However, internal Johnson & Johnson documents, which were unsealed during trial proceedings on January 25, reveal that company executives intentionally withheld information about the DePuy ASR Hip Replacement design flaw from healthcare providers and the public.

In a Bloomberg News report of the Los Angeles Superior Court DePuy ASR trial, testimony given by a biomedical engineer and consultant, George Samaras, indicated that DePuy researchers recorded extremely high levels of chromium and cobalt metal ions in the body, in fact a concentration 16 times higher in comparison to another of DePuy’s medical devices.

DePuy is a unit of Johnson & Johnson that developed and manufactured the ASR, or Articular Surface Replacement, hip implant. In addition, Samaras shared with the jury that DePuy and Johnson & Johnson claimed that the ASR Hip Replacement passed internal medical device standards, when in fact, it had failed them.

Johnson & Johnson recalled the DePuy ASR Hip implant in 2010. The reason given for recalling the hip implant had nothing to do with defective design, but rather, long-term market viability.

In these same internal document unsealed during the Los Angeles DePuy ASR trial, researchers at DePuy noted an abnormally high failure rate for the ASR Hip Replacement, that of 40 percent within only five years after receiving the DePuy hip implant. With this information, Johnson & Johnson still marketed the defective and flawed medical device to healthcare providers and the public.

Furthermore, DePuy and Johnson & Johnson were not only receiving warning signs from internal reports. According to the New York Times report, doctors were reporting complications and device failures regarding the DePuy ASR Hip Replacement to Johnson & Johnson just as the medical device manufacturer was beginning to market the device in the U.S. In 2005.

Thus, with information coming from within and from healthcare professionals, Johnson & Johnson proceeded with their efforts to sell the defective DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement note high levels of metal ions in the blood, resulting in metallosis, or metal poisoning. The U.S. Food and Drug Administration (FDA) has released safety communications about tissue and bone damage as well as neurological impairment resulting from metal debris created by metal-on-metal hip implants, such as the DePuy ASR Hip Replacement.

Lawyers at Carey Danis & Lowe are closely examining DePuy ASR Hip Replacement lawsuits across the country. If you or someone you love has received an implant of the DePuy ASR Hip Replacement, contact a lawyer at Carey Danis & Lowe for a free legal evaluation about your case.

You may be eligible to receive compensation for your medical expenses, lost wages, and pain and suffering. Learn more about filing a DePuy ASR Hip Replacement lawsuit by calling a lawyer at Carey Danis & Lowe at 800.721.2519.

DePuy ASR Hip Replacement Trial Scheduled to Begin on January 22, 2013 in California Superior Court

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Replacement Trial Scheduled to Begin on January 22, 2013 in California Superior CourtInformation from a Johnson & Johnson internal study into the safety of the DePuy ASR Hip Replacement system is suggestive that the medical device manufacturer understood the serious risks associated with their hip implant.

The Johnson & Johnson internal study was recently unsealed in pretrial proceedings in a DePuy ASR Hip Replacement lawsuit in California, overseen by Judge J. Stephen Czuleger. As detailed in the internal study document, the DePuy hip implant proved defective, having a significantly high failure rate with approximately 40% of patients experiencing health complications and requiring revision surgeries after only five years.

Johnson & Johnson has never made public the data gathered in its internal study into its metal-on-metal hip replacement system, according to the New York Times. The reasons for withholding research findings is unclear. Though it may be assumed that one motivation for safeguarding the internal study could be the fact that, in the Johnson & Johnson report, there is the indication that revision surgery will be required for thousands more individuals who received the metal-on-metal DePuy hip implant.

In providing a statement for the New York Times article, a DePuy spokeswoman named Mindy Tinsley, stated that the Johnson & Johnson internal study illustrates data amassed from very limited sources, and therefore, can be used to neither generalize the high failure rate of the DePuy ASR Hip Replacement system nor the most commonly reported health complications linked to Johnson & Johson’s hip implant device.

Now with the Johnson & Johnson internal study document made public, the first in over 10,000 DePuy ASR Hip Replacement lawsuits was scheduled to begin trial proceedings on January 22, 2013 in a California Superior Court in Los Angeles County. According to court documents, the plaintiff, a North Dakota resident named Loren Kransky, filed his DePuy ASR Hip Replacement lawsuit claiming that he developed metallosis, or metal poisoning, as a result of DePuy’s metal-on-metal design that causes metal particles to release from the device and enter the bloodstream.

The U.S. Food and Drug Administration (FDA) has observed cases of neurological damage resulting from exposure to metal ions in the bloodstream. Furthermore, there is also the potential for the tissues and bone surrounding the hip replacement to deteriorate and weaken due to the presence of metal ions.

If you or someone you love has experienced serious health complications resulting from a defective DePuy ASR Hip implant, you may be entitled to receive compensation for your medical expenses, lost wages, and undue suffering.

For a free legal evaluation regarding your defective hip replacement case, contact a lawyer at Carey Danis & Lowe today by calling 800.721.2519.