Jury Awards $9.1 Million In Defective Hip Implant Lawsuit

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defective hip implantA Los Angeles jury has awarded $9.1 million to a man who received a Durom Cup hip implant made by Zimmer.

According to a report in Lawyers and Settlements, the product defect lawsuit alleged that Zimmer was aware of the design defect in its hip implant, which is reported to cause bone and tissue damage in patients who receive them leading to pain and replacement surgeries.

Lawsuit Alleged Defective Design

The Zimmer Durom Cup was implanted in about 13,000 patients before it was removed b the U.S. market in 2008. In 2007, the plaintiff in this case, Gary Kline, received the defective product. He had to get it removed just 15 months later.

According to the lawsuit he filed against the medical device manufacturer, Kline endured two traumatic surgeries in 15 months that cause scar tissue and muscle damage.

The jury found Zimmer negligent in the design of the Durom Cup and that the company failed to warn consumers about the product’s defects.

The verdict included $153,000 in medical bills and $9 million in past and future noneconomic damages such as pain and suffering and mental anguish.

Although the judge in this case had denied a request for punitive damages, the jury awarded Kline about $3 million more than what he had asked.

Serious Problems for Consumers

Statistics show that the failure rate for Zimmer Durom Cup metal-on-metal hip implants was a whopping 11 percent. This means that those who received the implants had such severe problems with them that they either had to get them removed or replaced, which means they had to undergo unnecessary surgery.

Patients reported a number of severe symptoms including pain and stiffness, sharp groin pain, noticeable limping, unsteady gait and lack of endurance while walking.

In many patients, the metal-on-metal hips released ions and toxins into the blood stream causing severe health effects such as inflammation, bone loss and even organ damage.

Protecting Your Rights

If you have suffered severe side effects as a result of receiving a Zimmer or other hip implant or medical device, please remember that you have legal right.

Manufacturers have a responsibility and a legal obligation to make products that are safe and healthy for consumers.

These implants are products that are surgically placed inside patients’ bodies. In order to remove and replace them, patients must undergo painful and costly surgeries, not to mention spend time away from work and endure a long recovery.

If you or a loved one has been adversely affected by a defective medical device, please contact an experienced product defect lawyer to better understand your legal rights and options.

Salmonella Cases From Frozen Tuna Multiply In California

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Sushi Salmonella PoisoningSushi made with frozen raw tuna has been linked to 62 cases of salmonella in 11 states, about half of those cases in California.

According to a KTLA news report, most of the people who got sick reported eating raw tuna in sushi within the week before their symptoms began.

Eleven people have been hospitalized. No deaths have been reported.

Osamu Corporation, based in the Los Angeles area, has issued two recalls of tuna processed in its Indonesian plant, which has been linked to the salmonella outbreak.

One of the recalls includes all frozen tuna sold to restaurants and grocery stores nationwide between May 9 and July 9.

Osamu is also recalling one lot of yellow fin tuna chunk meat distributed to AFC Corp. for use in sushi restaurants throughout the United States from May 20 to May 26.

California leads in the number of cases at 34. Arizona has 11, New Mexico, six, and Minnesota, four. The youngest person reported sick is under 1 and the oldest is 83.

Salmonella Symptoms

Salmonella infection is often spread through raw or undercooked meat, poultry, eggs or egg products. The incubation period ranges from several hours or two days.

Most salmonella infections can be classified as gastroenteritis. The signs and symptoms of salmonella include nausea, vomiting, abdominal cramps, diarrhea, fever, chills, headaches and bloody stools.

The symptoms usually last four to seven days although it may take months for the bowels to return to normal. A few varieties of salmonella bacteria could result in kidney infection or even death, when not treated promptly with antibiotics.

Protecting Your Rights

If you have contracted salmonella infection as a result of consuming food at a restaurant, please remember that you have legal rights. The restaurant or business that supplies food has a legal obligation to serve food that is safe for consumers.

They are required to ensure that the food is not contaminated by storing it at the right temperatures and handling all food in a manner that it is not cross contaminated.

Victims of food poisoning can seek compensation for damages including medical expenses, lost wages, hospitalization, cost of diagnostic tests, pain and suffering and emotional distress.

Victims would also be well advised to contact an experienced Los Angeles food poisoning attorney who will fight for their rights and ensure that the negligent parties are held liable.

Vons & Pavilions Recall Frozen Chicken Entrees for Salmonella

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ChickenThree types of frozen chicken entrees that might be contaminated with salmonella are being recalled by the company that owns Vons and Pavilions supermarkets in Southern California.

According to a Fox 11 news report, the contamination was detected in some batches of Safeway Kitchens brand frozen Broccoli Cheese Chicken, Chicken Cordon Bleu and Chicken Kiev.

The salmonella enteritidis bacteria were detected in the frozen food made for the chains’ house brands by Aspen Foods/Koch Poultry Company.

So far, no illnesses have been reported from these frozen foods, but other food processed at the same factory has caused three cases of food poisoning.

Vons and Pavilions stores will refund the price of these products. Customers who purchased this product can return it to the store where they bought it for a full refund.

Anyone with questions is asked to call (877)SAFEWAY for more information.

The Danger of Salmonella

Salmonella enteriditis is one of the most common types of salmonella bacteria reported worldwide. Eggs and poultry are the most common carriers of these bacteria. Other foods where they are found include raw milk, pork, beef, sprouts and raw almonds.

A person infected with salmonella usually has fever, abdominal cramps and diarrhea beginning 12 to 72 hours after consuming a tainted food or beverage. The illness usually lasts four to seven days and most people recover without antibiotic treatment.

However, in some cases, severe diarrhea could result in hospitalization. The elderly, infants and those with impaired immune systems may be more susceptible to these infections.

In these patients, the infection may spread from the intestines to the blood stream and then to other body sites and cause death until the person is promptly treated with antibiotics.

If You’ve Suffered Food Poisoning

If you have suffered food poisoning as a result of consuming contaminated food you purchased at a store or restaurant, there are a number of critical steps you would be well advised to take. Get medical attention and treatment right away.

Do not ignore the symptoms.

If you have leftovers, isolate and preserve the food so it can be tested in a lab for pathogens. Report your illness to the local health agency.

Contact an experienced Los Angeles food poisoning lawyer who can help you recover compensation for your losses including medical expenses, lost wages and pain and suffering.

FDA To Review Essure Birth Control Amid Mounting Concerns

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Essure Birth ControlFederal regulators have said they will hold a public meeting to review scientific data regarding the safety and effectiveness of birth control device Essure.

According to an NBC New York news report, officials with the U.S. Food and Drug Administration (FDA) have said they will hold the meeting after media reports uncovered inconsistencies in a clinical trial survey used to win FDA approval for the birth control device.

Reports of Problems

Essure is a device that was approved by regulators in 2002 and is manufactured by pharmaceutical company, Bayer.

It basically consists of two metal coils that are inserted into a woman’s fallopian tubes to create a permanent barrier to conception.

Since the device was approved, FDA has documented more than 5,000 reports of medical problems linked to Essure ranging from headaches and fatigue to weight gain and severe abdominal pain.

In more than 400 cases, patients or doctors reported that Essure coils migrated from the fallopian tubes to other parts of the reproductive system.

In five cases, it was reported that fetal deaths occurred after the device failed to prevent pregnancy.

So far, in the United States, about 750,000 women have been implanted with the device, which would amount to one complication for every 150 patients.

In 2013, NBC’s I-Team secured records, which showed that an Essure clinical trial patient reported pelvic discomfort or pain seven times during eight years of follow-up.

In spite of that, clinical trial researchers reportedly marked the woman’s comfort level as “excellent.”

Responsibility of Manufacturers

Medical device manufacturers have a legal obligation to conduct clinical trials and review the results of those trials truthfully before the products are marketed or sold.

As product liability lawyers who represent victims of defective medical devices, we will be closely watching this FDA hearing to see what the panel found and what the facts are with Essure.

Manufacturers who deliberately hide information from consumers or post misleading information so consumers will buy their products, should be held accountable for their wrongdoing.

If you have suffered adverse health effects as a result of using Essure or any other defective medical device, it is crucial that you obtain the information necessary to protect your legal rights.

You may be eligible to receive compensation for damages including medical expenses, lost wages, hospitalization, pain and suffering and emotional distress.

California Model Files Product Liability Lawsuit Against Tampon Maker

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Kotex LawsuitLauren Wasser, a 27-year-old model from California, who had to have her leg amputated after developing toxic shock syndrome from tampon use, has filed a lawsuit against manufacturer Kotex.

According to a report in the Daily Mail, Wasser’s lawsuit alleges that the woman was 24 when she suffered toxic shock syndrome, a rare complication of bacterial infections frequently involving staph bacteria that affects one in 100,000.

Wasser suffered a massive heart attack and was told that she was 10 minutes away from death. Her infection had turned into gangrene as a result of which she had to have her right leg amputated below her knee.

Her lawsuit alleges that the Kimberly-Clark Corporation is responsible for her hospitalization and catastrophic injury.

She is also hoping that learning about her horrifying ordeal with make other women become better informed about their risks.

The Danger of TSS

Wasser says the disclaimer on the tampon box was not clear enough. The warning on Kotex’s box reads that women using the product should change the tampon every four to eight hours including overnight.

The lawsuit argues the label is confusing because it can mean longer than eight hours especially when it comes to young women who sleep in on weekends.

TSS has been linked to the use of superabsorbent tampons ever since Proctor & Gamble’s Rely brand resulted in a number of deaths during the 1980s.

According to a study conducted by the Yale Journal of Biology and Medicine, the material used to make Rely tampons acted like “agar in a petri dish” providing a viscous medium on which bacteria could grow.

Creating More Awareness

In addition to holding the manufacturer accountable, Lauren Wasser and her family want to create awareness about the use of synthetic materials in the tampon industry and to make women aware about the dangers of TSS.

Over the last half a century, tampons have gone from using cotton to synthetic ingredients such as plastic and rayon, which expert say, could provide an ideal environment for dangerous staph bacteria to grow.

The U.S. Food and Drug Administration (FDA) requires all tampon manufacturers to provide packaging information on all tampons sold in the United States describing the symptoms of TSS and how to reduce that risk.

Wasser is proof, however, that those warning are unclear and not sufficient to inform women about how to use these products carefully.

If you or a loved one has suffered from TSS due to tampon use, please contact an experienced product defect lawyer to obtain more information about your legal rights and options.

Orange County Children Sickened By Goat Milk

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Claravale Farm Goat MilkThree Orange County children were sickened after drinking some high-end, unpasteurized goat milk that came from a farm near the Central Coast.

According to news reports, public health officials say the children got food poisoning or campylobacteriosis infection from the raw goat milk produced by Claravale Farm.

One of the children had to be hospitalized.

In addition to these children, six people in Northern California were diagnosed with the sickness in March after drinking raw milk from the same Paicines farm.

The state initiated an investigation into Claravale Farms and forced them to issue a mandatory recall telling everyone to get rid of Claravale Farms products with the “March 28″ expiration date.

The milk apparently is not cheap.

State officials have cautioned the public against drinking raw, unpasteurized milk saying that there are a lot of germs in these products that could make people very sick.

However, Claravale Farms website states that raw milk is a great source of nutrients especially for children.

Symptoms & Dangers

Campylobacteriosis is among the most common forms of food poisoning in the United States.

Symptoms can range from diarrhea and lethargy that lasts for a day to severe diarrhea, abdominal pain and fever that could last for several weeks.

Those affected usually experience symptoms within two to five days of getting in contact with the organism.

The illness is often associated with unpasteurized dairy products and water. It mostly affects young children, the elderly and people with weakened immune systems.

Tips to Avoid Food Poisoning

There are some things that are out of your control. You cannot control how a restaurant prepares its food or a retailer processes or stores its products.

But, there are steps you can take to avoid food poisoning:

  • Do not consume raw or unpasteurized dairy products such as milk, eggs and cheese.
  • Make sure that you wash your hands and utensils before cooking or serving your food.
  • Ensure that all meat and poultry is cooked thoroughly before consuming.
  • Clean your kitchen countertops and cutting boards to prevent cross contamination.

If you are suffering from a food-borne illness, get immediate medical attention and report your illness to the local health agency.

Contact an experienced Orange County food poisoning lawyer to better understand your legal rights and options.

The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

31 Californians Sickened By Salmonella In Raw Tuna In Sushi

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Sushi Salmonella PoisoningOfficials say 31 Californians, including six in Orange County, have suffered food poisoning as a result of salmonella-contaminated raw tuna in sushi.

According to a CBS Los Angeles news report, officials with the California Department of Public Health said as of Thursday, 53 salmonella cases have been reported in nine states, of which 31 were in California.

Public health officials are warning Californians that there is a risk of food poisoning when eating raw or undercooked meats, fish or poultry.

Nationwide, so far, 10 patients have been hospitalized, but no deaths have been reported. Most of the patients reported eating sushi containing the raw tuna during the week before their fell ill.

The illness dates ranged from March 5 to May 13. Several agencies are investigating the source of the outbreak.

In California, nine cases were reported in Los Angeles County, six in Orange, four in Riverside, seven in San Diego, one in Santa Barbara, and four in Ventura.

The patients’ ages range from 1 to 83.

Salmonella Can Be Dangerous

Salmonella infections are the most common cause of hospitalizations relating to food poisoning in the United States, according to the U.S. Centers for Disease Control and Prevention (CDC).

The most common symptoms of a salmonella infection include diarrhea, fever and abdominal cramps. Officials warn that it is important to get the necessary testing and cultures to help treat the infections and to help with outbreak management.

Salmonella infections often severely affect children, the elderly and those with weakened immune systems.

If You Have Been Affected

Food poisoning victims can seek compensation for damages including medical expenses, diagnostic costs, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.

Food producers have a responsibility and a legal obligation to ensure that their products are safe for consumers.

If you have suffered an illness or hospitalization as a result of a food-borne illness, isolate and preserve the product, if possible, so it can be tested in a lab for pathogens.

Contact your local health care agency to report the issue. Schedule a consultation with an experienced Orange County food poisoning attorney who will stay abreast of the official investigation and ensure that you are fairly compensated for your injuries, damages and losses.

Cribs Recalled Over Excessive Lead Paint

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Baby Crib Lead DangerThe Consumer Product Safety Commission (CPSC) has recalled cribs, furniture and accessories from Baby’s Dream that were sold in a “vintage grey paint finish” because the paint exceeds federal lead limits.

According to news reports, the manufacturer voluntarily recalled the baby cribs because the paint had lead in it, exceeding federal lead limits. If ingested lead can cause serious adverse health effects.

Baby’s Dream Furniture Inc. has recalled about 4,600 units of cribs and other furniture manufactured in Chile between March 2014 and March 2015.

The company will exchange the products that cost between $100 and $1,000.

If you own one of these cribs, please contact the manufacturers to exchange the product.

The Dangers of Lead

In 1978, the federal government banned lead paint. Dust from lead paint can cause lead poisoning, which has been linked to development delays, abdominal pain, hearing loss and other health problems in young children.

According to the U.S. Centers for Disease Control and Prevention (CDC), at least 4 million households in the United States have children living in them that are being exposed to high levels of lead.

There are about half a million U.S. children ages 1 to 5 with blood lead levels about 5 micrograms per deciliter, the reference level at which CDC recommends that public health actions be initiated.

Lead poisoning can be difficult to detect. Some of the signs and symptoms of lead poisoning among children may include:

  • Developmental delays
  • Learning difficulties
  • Irritability
  • Loss of appetite
  • Weight loss
  • Abdominal pain
  • Hearing loss
  • Sluggishness or fatigue

What You Can Do

If you believe that your child is showing symptoms of lead poisoning, it is important to get medical attention right away. Your child needs to be tested and given the necessary treatment.

If your child has suffered lead poisoning as the result of a defective product, you can also seek compensation from the product manufacturer by filing a product liability claim.

You may be able to seek compensation for damages including all medical expenses, cost of testing and treatment, future losses and pain and suffering.

The best product defect law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

One Million Trek Bikes Recalled For Defects

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Trek RecallNearly one million defective Trek bikes are being recalled in the United States after an injury that left one rider paralyzed.

According to a USA Today news report, the recall includes 900,000 bikes in the United States and 98,000 sold in Canada.

The U.S. Consumer Product Safety Commission (CPSC) states that a quick-release lever on the bike’s front wheel hub can come into contact with the front disc brake assembly resulting in either complete wheel separation or the wheel coming to an instant stop.

Defect Caused Catastrophic Injury

Three accidents were reported and Trek said all including injuries, some to the face, a fractured wrist and one that resulted in the rider becoming a permanent quadriplegic.

The recall includes all models of Trek bicycles built from 2000 to 2015 that are equipped with front disc brakes and a black or silver quick-release lever on the front wheel hub.

This lever can open beyond 180 degrees and come into contact with the disc brake.

Bicycles with front quick-release levers that don’t open a full 180 degrees are not included in the recall.

The bikes included in the recall were sold September 1999 to now, priced anywhere from $480 to $1,650.

Trek advises consumers to stop using the bicycles immediately and contact an authorized retailer for free installation of a new quick release lever.

Actions You Can Take

Bicycle accidents can result from design defects, manufacturing defects or the manufacturer’s failure to warn consumers about possible accident or injury prevention methods.

If you have been injured in a bicycle accident, seek medical attention for your injuries right away. This not only helps put you on the road to recovery, but documents your case.

Make sure you keep the bike. It can be an extremely important piece of evidence.

An expert should inspect your bicycle to look specifically for defects. So, do not have it repaired or destroyed or don’t try to fix it yourself.

Contact an experienced product defect lawyer who can help preserve key evidence in your case and get the claims process started.

Injured victims in such cases can seek compensation to cover damages such as medical expenses, lost wages, hospitalization, rehabilitation, permanent injury, disability, and pain and suffering.

The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Graco Fined for Failing To Recall Defective Child Car Seats

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Graco RecallGraco has been fined up to $10 million for failing to warn consumers in a timely manner about millions of defective child car seats.

According to a CNN news report, federal regulators have slapped Graco with a $3 million fine.

The car seat manufacturer could face an additional $7 million unless they spend at least the same amount on taking new measures to improve child safety, U.S. Department of Transportation officials announced.

A Sticky Buckle Problem

The company was the subject of a probe by the National Highway Traffic Safety Administration (NHTSA) last year over suspicions that it delayed notifying regulators about a safety defect.

Graco issued a car seat recall last year over concerns that buckles were getting stuck making them difficult to open.

The recall affected car seats manufactured between July 2010 and May 2013.

Graco spokespersons said they did evaluate the government’s requirements in a timely manner and were cooperative with NHTSA’s investigation.

The Transportation Department said the buckle defect was potentially placing child occupants at risk in an emergency. But, so far, there have been no reports of injuries as a result of the defect.

However, a wrongful death lawsuit was filed in Los Angeles over the death of a 2-year-old girl. She was killed in a car fire following a 2011 accident.

Her parents were unable to get her out of her Graco Nautilus seat. In that case, Graco settled out of court.

Putting Consumers at Risk

Federal officials have said that Graco was aware of complaints about the buckles as early as 2009 and that by 2012 the company was taking steps to address the safety issues such as telling owners how to keep the buckles clean and offering them lifetime warranties.

Federal safety regulations require automakers to disclose complaints about safety problems within five business days of when they become aware of the problem.

A failure to do so could result in a civil fine of up to $35 million.

It is unacceptable to delay a recall once a manufacturer becomes aware that there are safety issues.

As product defect attorneys who represent the rights of injured victims of defective products, we certainly hope that NHTSA stays on top of this investigation and ensures that Graco and any other manufacturers who fail to reveal product defects in a timely manner, are held accountable.

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