The company actually received a warning letter from FDA on August 19, 2010.  FDA told DePuy Orthopaedics that they were marketing products without the required marketing clearance or approval, in violation of the Federal Food, Drug, and Cosmetic Act.  Additionally, FDA said, “a review of our records reveals that you have not obtained marketing approval or clearance before you began offering the TruMatch Personalized Solutions System for sale, which is a violation of the law.” 

The two products subject to the hip implant recall are the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur.  A DePuy spokeswomane, Lorie Gawreluk said that about 93,000 of these devices have been implanted worldwide. 

According to a recent NY Times article written by Natasha Singer, DePuy had sales of about $5.4 billion.  Beginning in 2008, FDA received about 400 complaints from patients in the United States who received the devices.  The devices first came under scrutiny over the last few years because the devices were part of a category of implants called metal-on-metal bearings.  These bearings can generate debris from wear, causing inflammation and damage for certain patients.

On DePuy’s website, the company recommends what you should do if you have received the ASR XL Acetabular System or DePuy ASR Hip Resurfacing System:

•  Schedule an appointment with your surgeon. Your surgeon will be able to evaluate how your ASR Hip System is functioning.

•  If you are experiencing pain, difficulty walking, or other symptoms, your surgeon may want to take x-rays of your hip. X-rays will allow your surgeon to evaluate how the ASR Hip System is positioned, if there is any damage to the bone and if the ASR Hip System has remained attached to the bone. If the x-rays show problems with your ASR Hip System, your surgeon may recommend surgery to replace it. 

•  In some cases, your surgeon may order additional blood testing or imaging to ensure your ASR Hip System is functioning well. 

•  The evaluation may include a blood test that indicates the level of microscopic metal particles around your hip. If the blood test indicates a high level of these particles, your surgeon may want to do a second blood test three months later. These levels may be high even if you are not experiencing any symptoms, so this blood testing is very important.

•  If the second blood test still indicates a high level of these particles, your surgeon may want to do an MRI or ultrasound test of your ASR Hip System. If such tests show a reaction to the particles, your surgeon may recommend surgery to replace your implant. This is a decision that you and your surgeon need to discuss based on your own personal health needs.

•  If you do not have any symptoms or test results that suggest you may need to have your implant replaced, then you should follow your surgeon’s recommendations for continued follow-up.

•  If you do need to have an additional surgery, several options are available and your surgeon will select the appropriate implant system for you.

If you or a loved one has received the DePuy ASR XL Acetabular System or DePuy ASR Hip Resurfacing System and have experienced some type of hip pain, additional hip surgery, or some type of failure with your hip replacement, you may want to contact CSS Firm for a free case evaluation and consultation. Our experienced team of defective hip implant lawyers will work closely with you and see to it that you are compensated for your injuries.

DePuy Orthopaedics, Inc. is a subsidiary of Johnson & Johnson.  Included in this recall are about 93,000 DePuy ASR XL Acetabular System Implants and DePuy ASR Hip Resurfacing System Implants.

Recent studies and data indicate that those who receive the ASR Hip System experience pain and other symptoms that lead to a second hip replacement surgery called a revision surgery.  Approximately 12 % of patients (1 in eight) who have received the ASR resurfacing device and 13% of patients (1 in eight) who had received the ASR total hip replacement needed to have a second surgery, a revision surgery.

The ASR hip implant failure rate has been steadily growing since 2007 when 100 cases were reported. This grew to 200 cases in 2008 and 300 cases in 2009. In December 2009 these high rates could no longer be ignored and DePuy took the hip replacement device off the Australian market. Although problems with the implant had been apparent for more than two years, DePuy claimed the product was being removed due to slow sales. It was not until March 2010, almost three years after statements of failure were first reported, that DePuy informed physicians of the failures of the ASR hip replacement.

The DePuy companys says, “this recall means additional testing and monitoring may be necessary to ensure your hip implant is functioning well.”  However, there are some cases where additional surgery is necessary.

If you or a loved one has received the DePuy ASR XL Acetabular System or DePuy ASR Hip Resurfacing System and have experienced some type of hip pain, additional hip surgery, or some type of failure with your hip replacement, you may want to contact CSS Firm for a free case evaluation and consultation. Our experienced team of hip implant lawyers will work closely with you and see to it that you are compensated for your injuries.

Yaz may also be used to treat premenstrual dysphoric disorder (PMDD), a condition in which the symptoms women experience before their periods are more intense, causing disruptive emotional, physical and neurological symptoms. These symptoms must be severe enough to interfere with daily functioning to be called PMDD or warrant a prescription.

Yaz Lawsuits

Thousands of women have filed suit against the maker of Yaz, Bayer Pharmaceuticals. The Plaintiffs in these cases allege that Yaz and Yasmin side effects increased their risks of strokes, heart attacks, pulmonary embolisms (PE), deep vein thrombosis (DVT), kidney failure, pancreatitis, gallbladder disease and other conditions. The suit alleges that Bayer did not adequately research the birth control pills or provide adequate warnings about the increased risks of Yaz compared to other birth control prescriptions.

Yaz Federal MDL

To date, all federal Yaz litigation has been consolidated for pretrial proceedings as part of the Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2100, in the U.S. District Court for the Southern District of Illinois. Presided over by Chief Judge David Herndon, the cases include 2,621 lawsuits on behalf of women who were allegedly harmed by taking the drug. The MDL cases do not include the 426 lawsuits filed under Mass Tort consolidation in New Jersey, nor those in Pennsylvania.

August Status Conference

At a status conference in August, representatives of the Plaintiffs announced their desire to choose the cases that will be litigated to determine the outcome of all other cases in the MDL. Defendant attorneys countered that they wished to have the option to provide input in a bellwether process. Under a bellwether proceeding, a small portion of cases would be tried and the results would then be applied to settlements for all other MDL cases in the litigation.

Additional Documents Requested

The Plaintiffs Steering Committee is seeking additional discovery concerning other Bayer contraceptive prescription pills like Angeliq and Natazia, both of which contain different forms of the hormone progestin, also found in Yaz. The Defendants complained that they had already supplied more than 30 million pages of information, plus many other discovery responses to fulfill the requests of Plaintiff attorneys.

Upcoming Events in Yaz Litigation

Discovery and depositions should be complete in time for a trial that is estimated to take place in September 2011 trial, barring any unforeseen problems. The next status conference will take place in September 2010.

Contact Us

If you were seriously injured by the oral contraceptive marketed under the names Yaz, Yasmin or Ocella, contact our office for a free consultation an advice on how you should proceed. You may be eligible to receive compensation for your injuries as part of the Multi-District Litigation proceedings.

As a result of this car collision, the young boy in the backseat of the Mercury was rendered unconscious.  When paramedics arrived, he was taken to Southern Regional Medical Center.  He was then airlifted to Children’s at Egleston due to his critical condition.

The driver of the SUV was driving a dark-colored 1997 Lexus LX 450 that had “extreme front-end damage.”  Police spent most of the day Sunday looking at tow yards, body shops and wrecker companies searching for this type of car and the tag number that was reported.

They eventually found the car at a home in 6400 block of Boca Grand parkway.  Police believe that Alvelaro Franquez was the driver of the car that fled the scene.  He is beleived to be an employee of Cobb County roofing company, F & F Roofing.

Police are continuing to investigate this hit and run car accident and trying to reconstruct the wreck.  The young boy’s mother, Latarsha Jagne, was treated and released from Southern Regional Medical Center.

Our thoughts are with this young man and his family for fast recovery with these injuries.

If you have any information concerning this hit and run accident you are encouraged to contact the Police about it. The investigation regarding Alvelaro Franquez is ongoing.

If you have been injured in a car accident, you may be entitled to compensation.  There are several types of damages that are recoverable from car accidents including, but not limited to, the reimbursement for medical bills, pain and suffering, lost wages and in some cases like this one punitive (punishment) damages.  If you have questions, please contact our Georgia Accident Lawyers for more information and to help you protect your interests and legal rights.

There are several things you should do if you are in a car accident:

1. First and foremost, if anyone needs emergency medical attention, call 911.
2. Call the police.  When the officer arrives, he/she will know exactly what to do.  They will gather information from all the drivers involved and witnesses.
3. Do not forget to gather the other driver’s information yourself, including contact information, VIN numbers, license plate number, and insurance information.
4. It is also highly recommended that if you have a camera, you should take pictures of the accident scene and of the cars involved.  Take pictures of skid marks and any other part of the accident scene.  You also want to take pictures of bruises or marks that were a result of the car accident.
5. If you have an injury from the car accident, you should see a doctor or go to the hospital. Car accidents can result in extremely serious injuries.  Some injuries do not become apparent until afterwards.  This is why it is crucial to seek a medical exam after an injury from a car accident, no matter how small.
6. Do not admit fault.  In some circumstances, you may be tempted to admit fault without knowing all the facts surrounding the accident.
7. Do not sign any papers without understanding what you are signing.
8. When talking to insurance companies, use caution.  They are trained professionals and are not working for you. You may want to contact our Georgia Accident Lawyers to help protect your interests, especially when insurance companies may be unfair or unreasonable.
9. Make sure to obtain and save all your receipts from the expenses you incurred as a result of the car accident.
10. Do not discuss the case with anyone except your doctor or your lawyer.

Wright County Egg distribute eggs around the country.  They package their eggs under the names of Lucerne, Albertson, Mountain Dairy, Ralphs, Sunshine, Hillandale, Broomsma’s, Farm Fresh, Trafficanda, Land, Dutch Farms, Kemp, and Shoreland.  In the expanded recall, the eggs affected were those distributed to wholesalers, food service companies and distribution centers in Wisconsin, Washington, Utah, Texas, Nevada, Nebraska, Missouri, Oregon, Oklahoma, Iowa, Illinois, Georgia, Arizona, California, Colorado, Minnesota, and Arkansas. 

Hundreds of people have been sick from a salmonella outbreak.  Salmonella has been tied to the eggs that have caused these illnesses.

One of the most common types of food poisoning is salmonella.  It accounts for one billion dollars in medical costs alone.  The side effects of salmonella include nausea, vomiting, diarrhea, headaches, and other side effects such as joint pain, reactive arthritis and other serious health conditions.

It has been Minnesota that tied at least seven salmonella illnesses to the eggs.  California believes that the salmonella illnesses are related to the eggs as well and has reported about 266 illnesses.

Colorado is another state that has been effected.  They reported about 28 cases in June and July.  This is four times the normal number they usually have.  “Spires or clusters of suspicious cases have also been reported in Arizona, Illinois, Nevada, North Carolina, Texas and Wisconsin,” reports Atlanta Journal-Constitution.

Car accidents

Serious Injuries Require Expert Advice

Accidents can cause serious injuries creating mounting medical expenses, lost wages and other costs. If you become disabled and cannot work, you must worry about the possibility of a permanent disability. What would you do if you did not heal completely and were unable to return to work? How would your bills be paid? Can you trust your Workers Compensation carrier to offer you a fair settlement? It’s better to have an experienced attorney on your side to make sure your concerns are addressed and all costs covered.

Insurance companies have any army of lawyers with the sole intention of paying as few accident claims as possible. The longer the insurance company delays paying your claim, the more money they make in interest on the money. And once you finally get a settlement from the company, they have no future obligation to pay you if new problems arise from your injuries. An attorney will help you make sure you have looked at all the potential costs you need covered in your settlement.

Seeking Justice through the Courts

Court cases involve time-consuming paperwork, which must be filed at the correct time and in the correct manner. There are procedural rules in the courtroom that must be followed. Managing injuries is difficult enough without the stress of learning how to manage the court system on your own.

The Cost of Going it Alone

In addition, the consequences of failing to manage your case well are often stark. Medical bills can run into the tens of thousands of dollars. If you fail to prove your case against the negligent driver, those bills might become your responsibility. If you become permanently disabled, you could lose a lifetime of wages, making it harder to pay for the therapeutic treatment serious injuries require.

Remove the Fear and Frustration

An attorney will make all of these seemingly insurmountable circumstances manageable. Experienced lawyers know how to navigate the insurance systems to get the best settlements for their clients. If the case goes to court, you’ll have an advocate who can handle all the complexities of proving your case.

With potentially hundreds of thousands of dollars amounting to a lifetime of debt at stake, to say nothing of justice, retaining an experienced personal injury attorney can save you stress, anxiety and frustration. You’ll benefit by getting a fair settlement that ensures you are justly compensated for your injuries.

Contact Us

If you were seriously injured in an auto accident, contact our experienced attorneys for a free consultation and evaluation of your case. We’ll show you how our expertise ensures justice for our injured clients.

Seroquel is a type of medication used to treat schizophrenia, manic, and depressive episodes associated with bipolar disorder.  It is a new class of antipsychotic medication and works by changing actions of chemicals in the brain.

AstraZeneca PLC is one of the U.K’s biggest drugmaker companies and manufactures Seroquel.  It is alleged that Seroquel causes diabetes and because of this the company has been facing a large numbers of lawsuits.

Judge Anne C. Conway ordered mediation in the Seroquel multi-district litigation in the U.S. District Court for the Middle District of Florida.  As a result of this mediation, AstraZeneca has made “agreements in principle on monetary terms, subject to various subsequent conditions, approvals and agreement on non-monetary terms, with the attorneys representing nearly 4,000 claimant’s.”  The terms have been kept confidential because the mediator in the case requested that it would be so.

AstraZeneca said as of June 29, it was defending the company against 10,363 Seroquel lawsuits in the United States.  Those lawsuits involved 22,412 plaintiff groups.  These cases were primarily in Delaware, New Jersey, New York and Alabama.  In California, 1,000 plaintiffs were consolidated into one federal court.

There are still many lawsuits that haven’t served AstraZeneca yet and will also need to be resolved.

If you have taken a pharmaceutical drug such as Reglan, Metoclopramide, Accutane, Dilantin, Yaz or others and have suffered severe side effects, you may have grounds to bring a product liability lawsuit to seek recovery for your injuries.  If you have taken any dangeous drug that has resulted in severe or adverse side effects, you should call our Dangerous Drug Lawyers at Childers, Schlueter & Smith to see how they can help protect your legal rights and interests.

The lawsuit alleges that the drug makers and marketers of Reglan/metoclopramide failed to adequately warn physicians of the long-term dangers associated with taking the drug, specifically, the neurological disorder tardive dyskinesia.

Reglan and its generic equivalent, metoclopromide, are used to treat nausea and acid reflux among other stomach disorders. The complaint alleges that Ms. Swicegood’s doctor prescribed 10mg Reglan to be taken 4 times daily. Ms Swicegood took metoclopromide and developed, tardive dyskinesia, a permanent movement disorder as a result.

Tardive dyskinesia is a disorder of the nerves in which involuntary, repetitive movements develop in the lower portion of the face and in limbs. Common symptoms include unintentional grimacing, chewing, lip smacking, rapid eye movements and impaired movements in fingers. These involuntary movements may become permanent with no known effective treatments available.

Previous and Pending Reglan lawsuits, which now total over 500 filed, prompted the FDA to change requirements in the labeling of the drug in February 2009 to account for the increased risk of developing tardive dyskinesia from Reglan/metoclopramide use. New rules included a “Black Box” warning about the potential risk of tardive dyskinesia from long-term use. However, the suit alleges that the Physician’s Desk Reference used by Ms. Swicegood’s doctor was not updated with the new warnings as required by law.  As a result, neither the patient nor her doctor understood the true risk of taking or prescribing the drug.

The Reglan lawsuit was filed in the United States District Court, Northern District of Georgia, Atlanta Division. The Defendant in the case is Pliva, Inc. The Civil Action File Number is 1:07-CV-1671. Childers, Schlueter & Smith, LLC will conduct the Reglan/metoclopramide jury trial with its nationally renowned co-counsel of Daniel J. McGlynn of McGlynn, Glisson, and Mouton Law Firm and Bill Curtis of Miller, Curtis & Weisbrod, LLP.

If you have been injured by Reglan or its generic equivalent metoclopramide, please contact our office for a free evaluation of your case.

Understanding Negligence

Simply put, negligence means “wrongdoing.” It is present when someone has violated driving safety laws and causes harm to someone else because of it. For example, every state has restrictions on acceptable driving speed in school zones during hours when school is in session.

Unfortunately, speed restrictions around schools are some of the most commonly violated traffic laws. But drivers who fail to heed posted speed restrictions in school zones will almost certainly be found guilty of negligence, and therefore largely at fault in the eyes of law enforcement, the courts, and insurance companies.

Negligence is also present in other situations. If a driver has not slept in 24 hours and falls asleep at the wheel, the failure to pull over and take a nap is likely to be viewed as a negligent action in any state. Similarly, driving while under the influence of banned substances or over a jurisdiction’s legal limit for blood alcohol content also equates to engaging in negligent action. The common thread in each case is simple: the driver did something that has been recognized a violation of laws designed to protect others from harm.

Proving Negligence is Vital

Negligence is important because it is a necessary component in securing compensation for injuries after an auto accident. While a jury might find negligence against the offender in any case, a ticket issued by police or conviction for violating driving safety laws is strong evidence that almost always results in proving negligence against the at-fault driver. The same is true when it comes to insurance claims for accident injuries.

Determining Negligence in an Auto Accident

Understanding traffic laws is the first step to determining who is at fault for an accident. In many cases, the testimony of witnesses to the accident becomes vital. If no one saw the at-fault car fail to stop for a stop sign, proving negligence will be difficult.

Police reports should be checked for alcohol tests or other information that may be helpful in proving negligence. The ubiquity of cameras on our roadways is beginning to be felt in accident claims as well. More cases than ever now involve a review of video evidence.

Traffic Violations that Often Prove Negligence

While traffic laws vary from state to state, some regulations are universal. These are the simplest indicators of negligence in an accident. They include violations such as:

• Speeding
• Following too closely
• Collision a stationary object
• Failure to stay within marked lanes
• Failure to obey traffic signs, lights or signals
• Driving under the influence

If you were seriously injured in an accident because the other driver failed to obey traffic laws, contact our office for a free consultation and evaluation.

During the taxi ride, the taxi “spun out on the rain-slick roadway and slammed into a tree,” where Heller died instantly.  Heller’s husband filed a lawsuit against the Georgia DOT, the taxi driver, the city of Atlanta, and city inspector, Greg Shepard for wrongful death.

The accident occurred on I-85.  Georgia DOT agreed to pay $600,000 to Heller’s family and “wishes to express its sincerest apology to her husband, Dr. Ed. Heller, and their children, Kimberly and Ryan, for their still painful loss of their wife and mother.” 

Jury selection was set for this week in Fulton County State Court.  Heller’s husband filed the lawsuit.  The taxi Heller rode in passed an Atlanta city inspection the day before the accident even though it had bald tires.  Heller’s husband accused DOT of negligence for the way the section of the interstate was designed where the accident occurred.

It has taken so long to go to trial because the State was trying to claim they were immune to the lawsuit.  This case went to the state Supreme Court and the State was unsuccessful.  Other defendants were added to the lawsuit, not just the Georgia DOT.  However, the city of Atlanta was dismissed from the case.

The trial is going forward against former city inspector, Greg Shepard and against the estate of the taxi driver.  What Heller’s husband is asking for is a judgment of more than $11 million in medical bills, lost earnings, and punitive damages.

This was a tragic accident that resulted in a family losing their mother and wife.  DOT has made changes to that highway.  In 2006, they cut down the trees by the side of I-85, making a larger clearance for trees.

Do you know who is entitled to recover for the loss of a loved one, like in Patricia Heller’s case?

Under Georgia law, the spouse and children of the decedent are entitled to file a claim of wrongful death.  If there is no spouse, the decedent’s children have the right to recovery.  If there is no spouse or children, the decedent’s parents are entitled to recover for wrongful death assuming there is not will of the decedent stating otherwise.  If there is no spouse, children, or living parents, the administrator of the decedent’s estate has a right to pursue a claim for wrongful death.

If the spouse of the decedent pursues a claim and there is no Will, they are required to share a portion of the proceeds from any lawsuit for wrongful death with the children, according to Georgia law.  Georgia law does, however, generally guarantee the spouse will receive one-third of any recovery of damages for wrongful death.  If there is a minor child involved, the right to recovery is vested in the parent or legal guardian until the minor reaches the age of majority (generally 18 years of age).

Georgia has a statute of limitations of two years for wrongful death lawsuits.  A statute of limitations is the given time period during which a legal action can be made.

Wrongful death cases can be extremely difficult to understand, complex and challenging.  If you have experienced a tragic death of a loved one, you may want to consider contacting our Georgia Wrongful Death Lawyers at Childers, Schlueter & Smith, LLC to see how we can help. All inquires are kept strictly confidential and initial consultations are free.