Monthly Archives: October 2012
DEPUY ASR HIP RECALL LAWSUIT
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J&J DEPUY HIP REPLACEMENT RECALL
In 2010 Johnson & Johnson (J&J) announced a recall of their defective DePuy ASR Hip Implant system. As a result of that lawsuit, nearly 8,000 lawsuits have been filed so far with thousands more expected over the next few years. The product liability lawsuits generally claim damages for “excruciating pain, swelling, inflammation, infection and damage to surrounding bone and tissue and movement or displacement of the hip joint itself”. Many victims are also claiming they have been poisoned due to heightened and potentially dangerous or deadly levels of cobalt and other minerals that have been released into their blood as a result of the implants.
More than 93,000 DePuy Hip Implants were sold worldwide, including more than 37,000 in the US and experts are expecting at least 15% to fail within the first 5 years. However, healthcare experts are now saying that the device could have up to a 50% failure rate within the first 6 years. Johnson & Johnson announced in January 2010 that they had set aside $912 million to settle pending DePuy lawsuits. Lawsuit Funding Industry experts believe that the wave of lawsuits sure to come out in years to come could make this number go up substantially.
In August 2012, J&J agreed to pay $600,000 to resolve 3 cases in the first settlements of the litigation . Many legal experts were expecting the settlements to be in the $200,000 to $500,000 range, but J&J seems to have been successful at negotiating settlements at the very low end of that range.
Based on the fact that there are nearly 8,000 suits to date and more being filed all the time, J&J’s exposure could easily reach several billion dollars ($200,000 x 8,000 = $2,800,000,000). 8,000 lawsuits represent nearly 22% of all US sales or just under 9% of worldwide sales. If the 15% to 50% failure estimates prove to be true, DePuy could surpass Vioxx and claim the dubious title of the largest pharmaceutical class action litigation in US history.
TriMark Legal Funding LLC offers plaintiffs the largest pre settlement cash advances in the legal funding industry on DePuy Hip Replacement recall cases – in many cases up to $50,000 per plaintiff. TLF also provides the best rates, fastest processing and turnaround and the friendliest and most courteous customer service in the business.
Transvaginal Mesh Lawsuits
The US Food and Drug Administration is currently reviewing thousands of complaints involving transvaginal mesh. Under this pressure and increased scrutiny, Ethicon, Inc., a unit of Johnson & Johnson and the manufacturer of several widely-used mesh products including the Gynecare TVT Secur System and Gynecare Prolift Pelvic Floor Repair System, announced on June 4, 2012 that it was removing these products from the market.
Many medical experts in the fields of law and medicine have been pushing for the recall of these faulty medical devices for years. At the same time they are also advocating banning these types of mesh products and are demanding future legislation to prevent further injury to women. There are thousands of cases where severe injuries have been caused by faulty transvaginal mesh; some cases have even led to death.
This type of surgical mesh was intended to fix female pelvic organ prolapse (POP) and stress urinary incontinence.
This issues actually came to light after women who had undergone surgery experienced complications. Some of the common signs and symptoms are severe bleeding and infection. The synthetic mesh cuts through the vaginal walls thereby eroding into other nearby organs. These are the main reasons why the manufacturer is ordered to recall these products.
Transvaginal Mesh Users Face Medical Problems
Within just a few weeks of implant, many patients reported major complications with it. When it was introduced to the market in the late 90’s, it was regarded as the major solution for POP and incontinence. It is thought to be better than traditional surgery. In this procedure, doctors actually implant a piece of synthetic mesh inserted through the vagina to act as a support for the organs that have prolapsed or those which have fallen out of place. For urinary incontinence however, surgeons used a smaller mesh.
However, within just a few weeks or months from the time the mesh was implanted, patients began reporting major problems such as vaginal bleeding, pain, scarring, recurrent prolapsed and even perforation (forming of a hole) in the bladder, intestines and uterus. The mesh also caused severe sexual problems for those women with partners.
Transvaginal Mesh Settlements
Because of the injury and health problems associated with faulty vaginal mesh, more and more people are filing for settlements and claims. The first federal TVM case is actually expected for trial by February 2013. No one actually knows what the TVM settlements will be worth at this point, but expectations are high. In the meantime, some pre settlement funding companies are estimating that individual cases may be worth around $500,000 to $1 million. This of course depends on the severity of complications and the number of revision surgeries each patient had to undergo.
Each of the lawsuits may actually have multiple defendants which can highly affect the payout. These patients may choose to sue the TVM manufacturer or the hospital where the mesh was implanted. Usually, the patients may sue the defendants for negligence and for missing patient education warning them of the destructive complications of TVM.
Compensation for Transvaginal Mesh Victims
These victims do not only have the legal right to claim for compensation for the injuries caused by the defective devices, they can also seek to be compensated with other types of damages their family members experienced.
TriMark Legal Funding LLC, The Settlement Funding Company, is a leading provider of non-recourse legal funding for plaintiffs as well as attorney funding and attorney fee acceleration for law firms and offers funding on over 250+ different types of case including car accidents, asbestosis and mesothelioma lawsuits and medical malpractice cases.
Mesothelioma (also known as malignant mesothelioma) is one of the more rare types of cancer and seems to be acquired only after a patient has received long-term exposure to asbestos. It is a kind of cancer that attacks the mesothelium, which is a thin membrane that covers some internal organs especially the lungs, abdomen, and the heart and is commonly known to cause lung cancer.
Of course we know that cancer is the most unbearable illness a patient could ever have in life. It does not only make a patient suffer physically but emotionally as well. More emotional pains are evident to the family of the victim as well; thus, it is a big burden of life.
Mesothelioma is caused by a patient’s exposure to asbestos – usually decades before diagnosis. The United States Armed Forces used asbestos to create vehicles, building materials, and ships which logically resulted in a lot of people being exposed to this frightening mineral, from the soldiers to the workers. During the 2nd World War, many soldiers and sailors were exposed to this type of mineral aboard ships. As a result, many veterans have developed the disease over the last several decades and now have a pending mesothelioma lawsuit or are awaiting payment of a mesothelioma settlement.
Mesothelioma has three major types that an individual must be aware of: pleural mesothelioma, peritoneal mesothelioma, and pericardial mesothelioma.
Pleural Mesothelioma is the most widely known type of mesothelioma disease that exists in the lungs and can eventually turn into a lung cancer. It is a cancerous disease that affects the thin membrane that lubricates the cells on the lungs and chest. This thin membrane is called pleura. The symptoms of this disease do not appear until a long period of time, but even so, its symptoms are sometime mistakenly interpreted as pneumonia and influenza.
Peritoneal Mesothelioma is the next most widely known type of mesothelioma disease that affects the abdomen. This type of disease affects the lining of the abdomen called peritoneum. Some symptoms that are evident when a patient has this disease are weight loss, abdominal swelling, and bowel blockage.
Pericardial Mesothelioma is a disease related to mesothelioma. The tiny asbestos fiber enters a membrane of the heart called pericardium, but it is still unclear how the tiny fibers enter the pericardium. This case of mesothelioma is caused by an exposure to asbestos. Its symptoms are not evident until a long period of time after an exposure to asbestos; thus, its symptoms are sometimes interpreted as another kind of heart condition. Some of the symptoms are fatigue, pain in the chest, and some respiratory issues.
These diseases are life-threatening but hard to diagnose that is why patients who have these symptoms are often recommended to an MRI.
TriMark Legal Funding LLC is a leading provider of non-recourse legal funding for plaintiffs as well as attorney funding and attorney fee acceleration for law firms and offers funding on over 250+ different types of case including auto accidents or another personal injury settlements, mesothelioma lawsuit loans and medical malpractice cases in amounts up to $500,000 in as little as 24 to 48 hours. Call us now at 1-877-932-2628 or simply apply online.