Class Action Lawsuit Alerts And News Information

Zicam Investor Lawsuit

Supreme Court Ruling on Matrixx

zicam investor lawsuitIn a narrow judgment, the U.S. Supreme Court has declared that the class-action lawsuit filed by investors against Matrixx Initiatives Inc can proceed, declaring that the plaintiffs had shown enough of a claim for the case to go forward. The court ruling deals the pharmaceutical company a big defeat, declaring that the drugmaker had failed to reveal initial reports of adverse side effects from its Zicam remedy.

The Supreme Court of the United States has rejected limits to lawsuits against drug makers. The court ruled in favor of investors, who had filed a securities fraud class action against the manufacturer of the now-discontinued Zicam nasal cold remedies, alleging that the company violated the §10(b) Securities Exchange Act of 1934 and Securities and Exchange Commission Rule10b–5 by concealing 23 reports of people who had complained of loss of sense of smell after using Zicam as early 2004.

The investors alleged that the pharmaceutical company issued misleading statements on the possible link between Zicam Cold Remedy and loss of sense of smell. The U.S. Supreme Court judgment gives shareholders more leeway to file a lawsuit against pharmaceutical and biotechnology companies for not disclosing reports of dangerous side effects of drugs manufactured by them.
In a unanimous judgment, the justices ruled that the petitioners had every right to be informed of the side effects of the Zicam nasal spray and gel, manufactured by Matrixx. The judges declared that Matrixx should defend against these accusations of fraud, which claimed that it failed to disclose the side effects of its spray and gel. The high court ruled that, under the federal securities law, even less definitive evidence of side effects is enough to require disclosure.

The lawsuit also cites nine other lawsuits filed by people affected by recalled Zicam nasal products from October 2003 to January 2004, alleging that the drug maker either omitted or concealed material information about the safety of the Zicam products. Numerous consumer lawsuits have also been filed against the pharmaceutical company for “product liability, negligence, fraud, and breach of warranties.”

The Supreme Court ruling has made it easier for investors to take pharmaceutical companies court for deliberately withholding information about a drug or product.

Read more: Zicam Investor Lawsuit

Hip Replacement Recall

Hip Implant Recall

Hip Replacement RecallRecently, DePuy Orthopedics recalled two of their hip implant systems after reports of a high failure rate as well as metal toxicity or cobalt poisoning. This is not the first time that a hip implant defect has surfaced in the United States. Earlier, Stryker hip implants, Zimmer hip implants, Sulzer hip implants, and many others were recalled because of product defect dangers or high failure rates. Some of the hip implants were recalled because they used plastic or ceramics, which were prone to break easily, causing dislocation and even bone fracture. The more than expected fracture rate and thousands of complaints forced the manufacturing companies to recall their hip implants. Then hip implants manufacturers started using metal and thus metal on metal hip implants became popular and more common in hip replacement surgeries until patients began reporting a wide range of problems with the defective failed hip implants.

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.

DePuy Hip Replacement Recall

Despite numerous complaints that were filed with the FDA, DePuy continued to distribute the defective products without regard for the health of hip implant patients. After two years of hearing consistent complaints, the company has risen from its slumber and recalled two of its hip implant device systems they are the  ASR™ XL Acetabular System and ASR™ Hip Resurfacing Systems, as a result of high hip replacement failure rates.  According to an estimate, one in every eight patients who had undergone the recalled DePuy hip replacement surgery was forced to go for a revision surgery because of the hip failure, following which they suffered from excruciating persistent pain, swelling, discomfort, pain while walking, and even pain in a seated position.

Earlier, in 2009, DePuy decided to discontinue the ASR hip replacement system citing waning demand of the product, but it did not announce the recall until August 26, 2010, when the device had been marketed for six years, from 2003 to 2010 and used by about 93,000 patients. DePuy hip replacement systems had registered an alarming number of failure complaints and high rate of revision surgery. According to DePuy statistics, ASR resurfacing device had a 12 percent failure rate, while ASR total hip replacement had a 13% failure rate among patients. Affected patients had to undergo a painful and unnecessary revision surgery just five years after the first one, because of the manufacturer’s fault. These are startling statistics and a breach of trust for the patients. Any hip implant is expected to be once-in-a-lifetime transplant. Usually hip implants are expected to last 15 years, but such a high failure rate is surely a breach of the patient’s trust in the product manufacturer. Patients go for these hip implant systems reposing their faith in the product manufacturer that the replacement device would replace their damaged tissues and hipbones, which are usually the result of trauma or osteoarthritis, rheumatoid arthritis, traumatic arthritis, but the resultant complications and ensuing pain belied their faith. Not only this, lost wages as a result of the patient’s inability to attend office due to revision surgery and resultant pain add to their woes.  Absence from office has even cost many patients their jobs. Though no amount of compensation can compensate the pain, agony, and trauma borne by the patients, yet recovery from another surgery also requires money, for which the manufacturing firm is liable and must be sued for all these causes that have made lives hell for the patients.

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.

Metal Toxicity:

Another Blunder on DePuy’s Part
When DePuy manufactured new metal artificial hips, it claimed that these were an improvement over the older hip replacement systems, which used a metal ball and plastic cup. It claimed designing the new implants with chromium and cobalt, asserting that these would be the perfect hip implants for younger, active patients. DePuy easily exploited the FDA’s 510(k) approval process to market its defective hip replacements even without subjecting them to clinical trials. DePuy claimed that these replacement systems were substantially similar to those already in use at that time, thus getting the FDA approval to distribute the defective hip implants, which, over a period of time, have become a headache for the patients. Here the role of the FDA is also worth condemnation. Despite being a government organization that is in charge of regulating these manufacturers, it allows itself to be easily fooled by health product manufacturing firms, which exploit the loophole in the approval process to get their defective products marketed.

By marketing metal-on-metal implants, DePuy claimed these to be superior to earlier implant devices. The metal-on-metal hips are installed in place of the bone ball-and-socket found in a natural hip. Made of metals, such as cobalt and chromium, these metal-on-metal hips are claimed to be stealthier than any other hip implant devices. In this kind of artificial hip joint, lining of the socket, which is cup shaped, is made of metal, primarily a cobalt-chromium-molybdenum alloy with polished surface. Metal is used in the femoral head, which moves smoothly inside the artificial acetabulum and allows the artificial hip to move as a normal hip.

However, DePuy ignored the threat of metal toxicity resulting from these metal-on-metal hip replacement systems. As a result, many of the patients who had gone for these implants are feared to have been affected with cobalt poisoning or arthroprosthetic cobaltism because of the wear and tear of metal-on-metal hip implants. The metal-on-metal artificial hips have a high failure rate because there is always the risk of metal ions rubbing against each other as a result of friction. This rubbing and grinding of metal ions results in flaking off into the surrounding tissue and bloodstream, thus poisoning the blood and infusing toxics into the body. Cobaltism can have serious implications on the body and result in ringing in the ears, blindness, deafness, headaches, depression, convulsions, peripheral neuropathy, vertigo, cardiomyopathy, optic nerve atrophy, hypothyroidism, irritability, fatigue, loss of coordination, discomfort, lethargy, persistent pain, inflammation, dizziness, gastrointestinal problems, food allergies, tremors, skin rashes, confusion, and cognitive decline.

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.

 

What Surgeons Say

According to some of the leading orthopedic surgeons, the DePuy hip failure rate is about twice the industry average and the reason for it is design failure, which DePuy failed to note until they had been implanted in over 93,000 patients. Besides, surgeons find the artificial cup difficult to implant because it is too shallow, has a complicated configuration, and the fit between the cap and ball is less secure. When the ball and cap rub against each other, the result is loosening, dislocation, fracture, and metallosis. With the presence of metal particles around the hip area, surgeons find it too hard to replace an implant.

As a result, most of the orthopedic surgeons have stopped using these hip replacement devices, for they fear these can damage the tissue and bone severely. Moreover, studies indicate that the metal devices can begin to wear quickly, releasing high volumes of metallic debris into the body. Surgeons find it hard to remove the original implant and then insert a new one, which can result in immense pain and more serious complications for the patient. Also, the second operation can be more complicated than the first one, because there is less bone and more scar tissue, causing the patient more pain, complications.

Surgery is a dreaded word for most of us, and the thought of a revision surgery can be even more frightening. It can impact the patient psychologically, besides the resultant complications from surgery. A revision surgery increases the chances of complications, such as bone loss, blood clots, nerve damage, and loss of sensory ability. And the risk of infection cannot be ruled out. Blood poisoning can result in dementia, heart failure, and even death.
Numerous complaints have been received from those patients who had undergone metal-on-metal arthroplasty with ASR implants. Patients have complained about the loosening of the socket portion of the hip implant, resulting in cup dislocation and causing the bone around the implant to fracture. Fracture on any part of the body is extremely painful and the pain emanating from the fracture of the hip bone is inexplicable. In such cases, patients have difficulty in walking, sitting, standing, lying down, besides immense and unbearable persistent pain, which means they are handicapped and cannot even attend their jobs, resulting in loss of wages. Maximum body movements depend on the hip joint, which must function properly for an individual to carry out essential day-to-day activities. Did DePuy give this a thought before marketing its defective product?

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.

Hip failure causes inflammation, tissue death in the hip joint, and loss of adjoining bone. Thus revision surgery becomes necessary. Seeing the DePuy hip failure rate, who can guarantee that those who have had revision surgery would not face the same fate again? It might happen that some of the patients would require a surgery for the third time because a defective hip might have been implanted. In that case, the possibility of permanent debilitation cannot be ruled out. If this happens, it is more tragic for young people who would find themselves barred from careers, especially with long years of work ahead of them. It isn’t less tragic for older patients, who have a very slow recovery chance. Being already dependent on others, it would be hard for them to find their mobility reduced beyond recovery. Who is responsible for such a miserable state of these patients? Only if the hip implant manufacturing companies could produce safe products for people, patients would not have to bear such a fate.

Complaints about its product failure started surfacing in 2009, but it took DePuy 18 months to recall these defective hips. By then, numerous patients had borne pain and expenses because of the manufacturer’s fault. DePuy is liable to compensate patients for ignoring people’s health for profits and thus causing physical injuries, pain and suffering, and additional surgeries.

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.

DePuy Hip Replacement Recall Lawsuits

Since the recall, hundreds of patients have filed product liability and faulty hip lawsuits against DePuy. These lawsuits claim expenses for necessary tests and medical monitoring even for patients who have got artificial hips implanted but not experienced problems so far. After all, why should victims bear the cost of the manufacturer’s fault? They have already paid for the first hip replacement surgery. Even DePuy has advised patients to go for tests so that their doubts about having a defective product are cleared, but the company did not declare that it will pay for these expenses. DePuy is responsible for paying these expenses as well.

The Johnson & Johnson subsidiary, DePuy Orthopedics must compensate victims for the physical and mental pain undergone by them. But to shirk its responsibility, DePuy seeks access to the medical records of patients in order to compensate them for the cost of revision surgery, which it describes as “reasonable and customary” cost. But it does not define this “reasonable and customary” cost, thus keeping the patients guessing and further adding to their trauma. It is hard to note that DePuy is miscalculating the cost of revision surgery and its repercussions on patients. The company is not offering to pay for other expenses, such as all medical costs, lost wages, lost quality of life, impairment, and pain and suffering.

Patients who had received a defective DePuy hip implant system should first consult an attorney before approaching DePuy with their medical records; otherwise, it is more likely that the company would simply pay for the cost of a new hip and keep their medical records, which would mean that the patients cannot receive compensation for the mental trauma and lost wages. Moreover, by doing so, patients would also not be liable for compensation in case the need of another surgery emerges, as they would have forfeited their right to sue later.

 

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.

Diagnosing Your Problem

If you had a hip implant surgery but are not experiencing any pain, it is better to contact your surgeon for imaging scanning and blood test, which would help your doctor diagnose the level of microscopic metal particles around your hip. Your doctor may ask you to go for a second blood test three months later to check whether yours is also a case of metal poisoning. This would also help you understand whether the hip you received is subject to the 2010 DePuy recall. DePuy has recalled only the hips manufactured after 2003, which means patients who received a DePuy hip replacement device before 2003 are not covered by this recall. This also means that if these patients, too, find the same problem with their hip devices, they cannot claim compensation.

More information on DePuy Hiip Implants

Hip Replacement Recall Class Action Lawsuit
Depuy Hip Recall Lawsuit

Depuy Hip Recall Replacement Lawsuit
Depuy Hip Class Action Lawsuit MDL
DePuy Hip Implant Recall

 

Other Hip Implant Recalls

An estimated 310,000 people receive hip implants in the United States every year. The cost of hip implants is somewhere between $20,000 and $50,000, which makes it a lucrative business for artificial hip manufacturing firms. And the repeated recalls of these defective hips points toward the negligence on the part of these manufacturers, who seem to be keeping their profits above patients, thus risking lives of many individuals. So far, the FDA has recalled numerous artificial hip implants because of their adverse effects and serious complications for parents, most of who had to undergo a revision surgery because of a defective hip. After every hip implant recall, the FDA seems to be actively working in assessing the safety and effectiveness of hip implants; however, numerous defective hips continue to be marketed by their manufacturers for profits.
 
a) Biomet Hip Implant Recall
In September 2001, the FDA recalled Biomet hip implants following complaints from patients who had undergone hip replacement surgery using these devices. Patients complained of pain, grinding sensations, and reduced mobility after surgery. An investigation found defects in the Zirconia Ceramic Femoral Head, manufactured by St. Gobain Desmarquest of France.  It was found that these components easily fractured or broke 19-28 months after surgery, thus requiring revision surgery and replacement. Some of the patients complained that the fracture was preceded by audible pop, which caused them pain as well as embarrassment. Seven other manufacturers were found to have used the formal heads, including DePuy Orthopedics Inc., Encore Orthopedics Inc., Osteoimplant Technology Inc., Apex Surgical LLC, Stryker Howmedica Osteonics, Smith & Nephew Inc., and Zimmer Inc.

b) Zimmer Durom Cup Recall
Zimmer Inc was forced to recall the Durom Cup two years after it was marketed following complaints from hundreds of patients that it was defective and caused them to go for revision surgery. When Zimmer had launched the product in 2006, it claimed that it was a medical device innovation for arthritic hip patients.  Zimmer Inc. faces lawsuits from shareholders for manufacturing a defective product and concealing the same from them. It also faces class-action lawsuits from patients who had to undergo revision surgery following hip and back pain. Plaintiffs argue that the company continued marketing the product despite receiving thousands of complaints about the defective hips. Zimmer Durom Cup plants had an unacceptable 11.1 percent failure rate.
Initially Zimmer put the blame on surgeons who performed the surgery using the Durom Cup that they weren’t following correct implanting procedures.  It even launched an instructional program to guide doctors how to implant the hip replacement device; however, the problem persisted, causing patients immense pain and requiring replacement and revision surgery.  The failure of the Durom Cups was because of lack of bony ingrowth, which is necessary to secure the cup positioning, from the hip bone to the back of the cup. One patient even complained of getting infected because of the defective Durom Cup.
 

To register and start the process of filing your Depuy Hip Recall Lawsuit or Hip Replacement Lawsuit, please call the lead Attorney law firm directly at 1-800-748-7115 or click the green submit my case button found at the top of this page or by clicking here.


c) Stryker Hip Implants Recall
Stryker recalled its defective Trident PSL and Hemispherical Acetabular Cups, used for the “socket” portion, on 22 January 2008 following warnings from the FDA and complaints from patients that the implant devices made audible noises while moving – squeaking and popping sound, which was enough to cause serious social problems. Besides, durability of the product was also one of the concerns. The problem pointed toward the defect in the ceramic devices, which caused pain and discomfort to the patients. It was also feared that the squeaking might be a prelude to other problems, such as possible shattering or wear and tear of the ceramic material. The risk of fracture was also not ruled out, thus the patient requiring a revision surgery, costing around $45,000.  When Stryker marketed the ceramic devices, it had claimed that these were more durable and not require replacement throughout the patient’s lifetime.  This encouraged many of the arthritic hip patients to go for the Trident PSL and Hemispherical Acetabular Cups, hoping to alleviate their problem; however, their hopes were belied when the products failed soon. Stryker received numerous complaints from January 2005 to April 2007, yet the company did not take any significant action. On March 15, 2007, FDA complained of poor manufacturing standards after its inspectors found disease-causing germs, clumps and clusters of Staphylococcus bacteria at its manufacturing facility. Citing failed fixation, squeaking noises, and improper seating, the FDA further warned the company that, in case of no action, it would be forced to initiate seizure, injunction, or even civil penalties.  Following this, Stryker was forced to withdraw its Trident PSL and Hemispherical Acetabular Cup, citing 7 percent more squeaking sound than other hip implants.

d) Sulzer Inter-Op Acetabular Recall
Following numerous complaints from patients, Sulzer Orthopedics announced a recall of 40,000 artificial hips due to a manufacturing defect on 8 December 2000. The Inter-Op Acetabular shells, used as hip replacements, were found to be contaminated with a lubricant residue used in the production process, which prevented the implant from effectively bonding with the hip bone. As a result, loosening of the cups may recur, causing excruciating pain in the groin and thigh, walking and seating difficulty.  The only remedy to this pain is artificial hip replacement, which means revision surgery that requires slicing the built-up scar tissue and cleaning the bone so that no oil is left to make bonding difficult with the new shell. This takes at least three months for the patient to recover from the revision surgery. Numerous lawsuits were filed against Sulzer, after which, it agreed to pay $750 million as part of settlement with patients.

Read more: Hip Replacement Recall

Taco Bell Lawsuit

Taco Bell LawsuitA class action lawsuit has been filed on behalf of California resident Amanda Obney against fast food chain Taco Bell for false advertising of its Mexican inspired food products containing what the company has marketed as beef.

The lawsuit which seeks truth in advertising in the way Taco Bell markets it's taco , burrito , nacho and other beef based Mexican food products, states that the meat used in these fast food products contain less than 35% of actual beef.

Talk about the Taco Bell lawwsuit now and see what others are saying on the Do I Have A Lawsuit Forum ... The new way to know when you might have a lawsuit.

Read more: Taco Bell Lawsuit

Depuy Hip Class Action Lawsuit MDL

Depuy ASR Hip Replacement Implant Recall

Depuy Hip Class Action Lawsuit MDLJudicial proceedings in the litigation of DePuy ASR hip replacement recall lawsuits will be heard in the Northern District of Ohio / Toledo Ohio. The DePuy hip implant lawsuits have been assigned MDL or Multi District Litigation number MDL 2197.


If you have already submitted your case or called the lead attorney handling these cases for Do I Have A Lawsuit then your claim will automatically be registered and no further action is required by you.


If you have not recieved your packet or have not yet submitted your DePuy ASR hip replacement implant lawsuit via the contact form, you can still submit your case by filling out the short form found here or calling the lead firm directly for immediate help, registration and information.

 

Click Here To Submit Your Contact Information Or Call The Lead Attorney Law Firm Directly At 1-800 - 748 - 7115


DePuy ASR hip replacement implants have been recalled globally due to hip implant failure and metal toxicity poisoning found to cause tissue death along with other potentially life threating injuries to implant patients.


Every single recalled Depuy hip implant patient has been instructed to seek medical attention in the form of test for metal toxins within their body. You may have recieved a letter from your orthopedic surgeon detailing the hip implant recall and or recieved a telephone call from Johnson and Johnson instructing you to seek revision surgery and pay for the surgery yourself.


We are completely appalled by this and feel that not only should Johnson and Johnson Depuy pay for any revision surgery upfront, they must pay for damages as well.

Read more: Depuy Hip Class Action Lawsuit MDL

Hip Replacement Recall Class Action Lawsuit


Hip Replacement Class Action Lawsuit


hip-replacement-recall-lawsuit-hip-implant In light of the Depuy ASR hip replacement class action lawsuits, we would like to remind the general public that Johnson and Johnson has in fact acknowledged that every single one of these Depuy hip implants are more likely than not to be defective and that even hip replacement patients without any symptoms should be tested for metal poisoning at the very least.

This fact alone is grounds for a lawsuit.


As with any hip replacement recall class action lawsuit, the Depuy ASR recall lawsuits will require those with the implant to file either as part of a hip implant class action lawsuit, or as an individual claimant represented by an attorney in your hip recall case.


As we have seen with other hip implant lawsuits, these cases will be handled VIA MDL or multi district litigation.


If you have not recieved your Depuy hip recall lawsuit package or for any questions about future Depuy hip replacement implant multi district litigation, please contact the lead attorney handling these cases for Do I Have A Lawsuit by using the submit my case form found at the top of this page or by clicking here. 

 

If you have not received your DePuy hip recall lawsuit  information packet please call the lead law firm directly at 1 (800)  748-7115 or click here to submit your case for immediate case review `

Read more: Hip Replacement Recall Class Action Lawsuit