Posts by Michael Phelan
Stryker Hip Recall
On August 29, 2016, Stryker Corporation issued a Styker hip recall for its LFIT V40 series of femoral heads manufactured before 2011. On September 27, 2016, Stryker Orthopaedics, in consulation with the Australian Department of Health – Therapeutic Goods Division, issued a “hazard alert” for a specific range of Stryker LFIT V40 femoral heads. These…
Read MoreNexium, Prilosec, and Prevacid May Cause Kidney Disease
Heartburn drugs Nexium, Prilosec, and Prevacid are in a family of drugs called Proton Pump Inhibitors (PPI). These popular drugs are taken for the treatment of heartburn, indigestion, gastritis, and acid reflux. The FDA approved these drugs only for short term use, but the drug companies have been aggressively marketing the drugs for daily use.…
Read MoreVirginia now has a Discovery Rule for Medical Device Cases
“In products liability actions against parties other than health care providers…for injury to the person resulting from or arising as a result of the implantation of any medical device, [the cause of action shall be deemed to accrue] when the person knew or should have known of the injury and its causal connection to the device.”
Read MorePost-Trial Rulings on $497 Million Pinnacle Hip Verdict
As reported in our article about the second bellwether trial involving an allegedly defective metal-on-metal Pinnacle hip implant, $360 million of the $497.6 million verdict rendered in March to five plaintiffs against Johnson & Johnson and its DePuy unit was […]
Read MoreAnother Person Killed by a Takata Airbag
Days after Honda Malaysia announced a recall of an additional 145,000 Hondas to replace defective front passenger airbag inflators, a Malaysian woman died after the airbag in her Honda ruptured in a minor collision. When police arrived at the scene, the driver airbag had ruptured and the driver was bleeding from her chest from a…
Read MoreA Concussion is a Traumatic Brain Injury
I am tired of hearing defense-oriented doctors act like concussions aren’t real injuries. A concussion is a brain injury. Some concussions resolve relatively quickly, some take up to two years to resolve, and, in a minority of cases, the effects are permanent. This should not be a controversial premise. It is the position of the…
Read MoreTakata Airbags and Products Liability Law
Takata Airbag Recall Largest in U.S. History
Mark Rosekind, administrator of the National Highway Traffic Safety Administration (NHTSA), announced on Wednesday that NHTSA was requiring Takata to work with automakers to recall an additional 35-40 million Takata airbags. This brings the Takata airbag recall number in the U.S. to nearly 65 million airbags, the largest in U.S. history. NHTSA’s announced reason for…
Read MorePinnacle Hip MDL: 5 Things to Know
This is part two of a two part question and answer piece about the DePuy Pinnacle metal-on-metal hip implant system. Part one focused on the recent $502 million verdict against Johnson & Johnson and its unit, DePuy Orthopaedics. This part focuses on the multidistrict litigation (MDL) involving the Pinnacle Hip Implant litigation. We first wrote…
Read MoreThe Challenges of Proving Traumatic Brain Injury
One of the most challenging aspects to proving a case involving traumatic brain injury is rebutting the testimony of medical expert witnesses hired by the defense who claim that no such injury exists. The very defense experts who make their living testifying against plaintiffs in traumatic brain injury cases have also testified against brain-injured veterans…
Read More