$48.5 MILLION

Truck Accident Multimillion-Dollar Settlement.

"M.A.," a 30-year-old man, was driving to work in New Mexico. Suddenly a commercial truck veered across the center line and struck his vehicle head on. M.A. died at the scene. The McNeely Stephenson firm was hired shortly after the crash to represent the family of the deceased.

our client results

Medical devices save thousands of lives each year; many, many more lives are improved through the use of equipment which eases pain, enhances mobility or improves surgical outcomes. The fact is, however, each year, hundreds of medical devices are found to actually cause health problems and even lead to death because they are not properly tested, manufactured, labeled or packaged.

The authority for regulating medical devices in the United States is given to the Federal Drug Administration (FDA). When they are alerted to a problem arising from the use of a medical device, the FDA can recall the product and either require corrective action or mandate its removal from the marketplace. In 2012, the FDA recalled 1,190 medical devices and radiation-emitting products.

Recalls are classified by risk, with Class I recalls indicating there is a reasonable probability that use of or exposure to the product will cause serious adverse health consequences or death; there were 57 such recalls in 2012. A Class II recall is made when use of or exposure to the product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote, as in 1,043 of the 2012 recalls. A Class III recall is the least serious, made when adverse health consequences are not likely; there were 90 Class III recalls in 2012.

MEDICAL DEVICES FOUND TO BE DANGEROUS

Most of the hundreds of recalls each year go unnoticed by the public. But from time to time a medical device recall hits the news because of the numbers of consumers affected and the serious risks they face. Additionally, manufacturers have on occasion voluntarily withdrawn their products from the market after being sued for the damage they have caused. Here are some of the dangerous or defective medical devices which have been the focus of negative attention in recent years:

Metal-on-metal hip implants

  • DePuy ASR TM XL Acetabular System
  • Smith & Nephew R3 Metal Liners of the R3 Acetabular System,
  • Zimmer Durom Acetabular Component
  • Stryker Rejuvenate and ABG II hip systems
  • Biomet M2a
  • Wright Medical Technology Conserve Plus
  • Sulzer Inter Op Shell

Metal-on-metal hip implants often have to be replaced or removed within 5 years of surgery. Additionally, they can release metal particles into the body (metallosis), causing damage to the heart, kidneys, nervous system and thyroid. They are associated with severe inflammation, pseudotumors and a high rate of infection.

Knee replacements

  • Zimmer NexGen LPS, CR and MIS
  • Zimmer Natural Knee System
  • Stryker Scorpio CR and PS components
  • Stryker Duracon Total Knee
  • Stryker Unicompartmental Knee System
  • Smith & Nephew Oxinium Genesis II and Profix II
  • Smith & Nephew Journey Uni Tibial Baseplate
  • Biomet Vanguard CR
  • DePuy LCS
  • DePuy PFC Sigma

These knee replacement products have been found to prematurely fail or loosen and lead to injuries, pain, infection, inflammation, and bone or muscle damage. Many patients have been forced to endure painful revision surgery.

Pain pumps

  • Medtronic SynchroMed II
  • I-Flow ON-Q Pump
  • Stryker PainPump Two Site Infusion Kit
  • Sorenson Medical pumps

When oral pain medications are not sufficient to control a patient’s pain, the doctor may implant a pump to send medication directly to the area of trauma rather than prescribing a form that must be orally ingested and then digested. A number of patients have died because the pain medication was injected directly into their tissue instead of into the pump; other deaths were caused by electrical shorts. When pain pumps are used to inject medication into joint spaces (such as after shoulder surgery), they may cause a breakdown of cartilage, severe pain and stiffness.

Surgical Mesh Products

  • Boston Scientific ProtoGen transvaginal mesh
  • Mentor Corp. ObTape Vaginal Sling
  • Johnson & Johnson Gynecare Prolift, TVT Secur and Prosima pelvic mesh
  • C.R. Bard Avaulta Plus pelvic mesh
  • C.R. Bard Composix Kugel hernia patch
  • Ethicon Proceed hernia mesh
  • LifeCell AlloDerm hernia mesh

Often used in surgeries to repair hernias, pelvic organ prolapse and stress urinary incontinence, these mesh products can cause serious consequences, such as pain, infection, damage to nearby organs and additional surgeries.

Pacemakers

  • Medtronic Kappa
  • Medtronic Sigma
  • Guidant Insignia
  • Intermedics Nexus

Pacemakers can be implanted in heart patients to monitor and adjust the function of the heart, but some of these medical devices have been recalled due to separation of the wires connecting the electronic circuit to other components, such as the battery. Pacemakers can also malfunction due to loose or broken wires between the pacemaker and the heart and because of electronic circuit failure.

LEGAL REMEDIES FOR THOSE HARMED BY DEFECTIVE MEDICAL DEVICES

The American court system provides an avenue for those injured by defective medical devices to seek justice. Victims of faulty medical devices may seek compensation for their injuries, pain and suffering, medical expenses, rehabilitation, loss of income and reduced quality of life.

Manufacturers of medical devices that have caused injury may be held accountable for negligence which leads to one of the following:

  • Design defects, aspects inherent in the product’s design which could have been foreseen to be unsafe;
  • Marketing defects, such as a failure to give adequate instructions for use or failing to warn of risks;
  • Manufacturing defects, in which an error occurs during the fabrication of the product.

POTENTIAL DEFENDANTS IN MEDICAL DEVICE LAWSUITS

When an experienced product injury lawyer like those at McNeely Stephenson evaluates a potential claim, he looks at every aspect of the product’s chain of development to make sure all appropriate defendants are named in the lawsuit, thereby maximizing the potential recovery for the injured plaintiff. Possible defendants in defective medical device claims are laboratories which performed pre-market testing; companies which manufactured the device or its individual components; doctors and hospitals which failed to provide adequate warnings or instructions; sales representatives; and retailers.

DEFECTIVE MEDICAL DEVICE SETTLEMENTS AND AWARDS

When a number of lawsuits have been filed by patients who have been similarly injured by the same product, the court may consolidate them into a class action so that all claims are litigated at once, for economy and the sake of justice. In some instances, where the claims have been filed all across the country, they may be assigned to a special Multidistrict Litigation (MDL) panel.

Often, manufacturers who face a large number of lawsuits will offer a settlement to those injured by their products: On November 19, 2013, Johnson & Johnson announced its agreement to pay at least $2.5 billion to resolve thousands of defective DePuy ASR hip implant lawsuits. Stryker has settled with many of the more than 1,000 plaintiffs injured by their hip implants and is expected to offer a global settlement. C.R. Bard agreed to settle Kugel hernia mesh lawsuits for an estimated $184 million. Cases which go to the jury may result in substantial damage awards to injured plaintiffs: Boston Scientific Corp. manufactured a transvaginal sling, injuring a patient who was awarded $73.4 million.

real-life cases

“B.K.” was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C.

D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.’s blood alcohol level was more than twice the legal limit.

As a result of the terrible wreck, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.’s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol.

Stephenson pursued dram shop claims against those responsible CASE SUMMARY

D.H. was a competitive bicyclist who was riding in preparation for a cross-country fundraising ride. In the spring of 2010, D.H. was riding across an old steel-grated deck bridge in Shelby County when he hit a hole in the bridge and flipped over the handlebars of his bike. The impact to the bridge decking caused severe injuries to his face, teeth, tongue, and elbow.

Through the investigation, they were able to learn as early as 1998, the bridge inspection reports showed the bridge in question needed to be replaced. The county never authorized additional inspections. The county obtained $844,000 in funding for the replacement of the bridge in 2000, but the Historical Society and adjacent property owners wanted the bridge repaired rather than replaced.

This crash could have been avoided if the inspectors and county had done their jobs. CASE SUMMARY

Our client (“D.W.”) was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.’s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries. Before trial, the defendant’s company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case.

The defendant was correct; the verdict was twice that amount. CASE SUMMARY

Have you been harmed by a medical device?

Mike Stephenson has been successfully litigating personal injury cases in Indiana since 1982, and with the resources of McNeely Stephenson he can help you pursue justice from those whose negligence caused you to be harmed by a medical device such as a hip implant, knee implant, pain pump, surgical mesh, pacemaker, bone graft stimulator, laser, robotic surgery equipment, or breast implant.

Mike Stephenson is a Martindale-Hubbell AV-rated attorney, the highest possible attorney peer rating. When you call Mike, you can have complete confidence that you are talking with an Indianapolis medical malpractice lawyer with over 30 years’ experience offering compassionate and successful representation for his clients.

Contact McNeely Stephenson today using our contact form, or call 855-206-2555.

Updates
Personal Injury Lawyer
October 15, 2018 / Personal Injury, Truck Accidents
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AWARDED. CREDENTIALED. PROVEN.

Mike Stephenson is a Super Lawyer in Indiana along with many of his peers at McNeely Stephenson. This is one of the highest honors an attorney can achieve

AWARDED. CREDENTIALED. PROVEN.

The AV Preeminent Rating from Martindale Hubbell is the HIGHEST RATING and considered a significant accomplishment. It is a peer-reviewed process reflecting that other attorneys rank Mike Stephenson at the highest possible level of professional excellence.

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Attorney Mike Stephenson is a proud member of The Litigation Counsel of America’s Honorary Society. A close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the “best trial lawyers” in the country. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service; an invitation-only collegial network.

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The American Board of Trial Advocates is an invitation-only organization for attorneys of “high personal character and honorable reputation.” ABOTA works for the preservation of the civil jury trial, “Justice by the People,” and supports the right of a jury trial.

AWARDED. CREDENTIALED. PROVEN.

Our attorneys are proven advocates and trial attorneys. They have served as lead trial counsel in more than 100 civil jury trials, and have handled litigation in 18 states