Posts by Breakstone, White & Gluck
Advice for Patients with Defective DePuy Hip Prostheses
DePuy Orthopedics, a division of Johnson & Johnson, has recalled the ASR XL Acetabular System, a prosthesis used in total hip replacements. Approximately 93,000 of the defective prostheses have been implanted. The failure rate is extraordinarily high because of the metal-on-metal surface, which releases microscopic metal particles into the body. Some patients have had reactions to these particles, such as pain, swelling, and loosening of the prosthesis.
Now DePuy Orthopedics is trying to gather evidence directly from physicians about their patients. Physicians are being asked to obtain medical authorizations from their patients which will allow the physicians to release medical information directly to the manufacturer of the defective product.
If you have a DePuy prostheses, we recommend that you not authorize the release of your medical records to DePuy. Instead, you should consult with a competent attorney who can advise you as to your rights and as to the best course of action before releasing any information.
If you are planning to have an operation to replace a defective DePuy hip prosthesis, you should make sure that the device is preserved as evidence. You should ask for and obtain the device from the hospital. If they refuse to give it to you, you should ensure that they preserve it for future inspection and analysis.
If you are asked to give a blood sample to the device manufacturer, you should probably decline. If your physician asks for a blood sample to determine whether or not you have metallic particles in your blood, you should certainly comply as that is in your medical best interest.
In summary, if you think you may have a defective DePuy hip prosthesis the first thing you should do is consult your orthopedic surgeon. The next thing you should do is retain an experienced and qualified product liability attorney to advise you as to your rights to recover for your injuries associated with this device. You should avoid direct contact with the manufacturer or their representatives. An experienced attorney will be able to best assist you with not only obtaining the best possible medical care but also will ensure that all of your rights to possible compensation are protected.
The lawyers at Breakstone, White & Gluck, P.C. of Boston have over 75 years of combined experience representing individuals who have been injured by defective medical devices and medical malpractice. If you have questions about your potential rights, please feel free to call Breakstone, White & Gluck for a free consultation at 800-379-1244.
For more information regarding the DePuy recall, read our previous blog.
Keep Your Family Safe This Halloween
Halloween is just a few days away and that means it’s time to pull out the ghost and goblin costumes. But before you and your children head out to trick-or-treat, it’s worth considering a few tips for staying safe:
- Help young children choose a safe costume. Make sure it’s made out of a non-flammable material. Facial masks should provide adequate openings for breathing and vision.
- Check to see if you can incorporate reflective tape or other components into your child’s costume. If not, other accessories like glow sticks or flashlights help make your child more visible to drivers.
- Children should go out trick-or-treating with an adult. When there’s a group of children, a few adults should go along and take careful head counts throughout the night.
- Plan a safe trick-or-treating route and discuss it with your children to make it easier to find each other if you get separated.
- Give your child a cell phone so he or she can contact you if get separated.
- Designate a time to return home from trick-or-treating in case you get separated or your children go out with another family.
- Instruct your children not to eat any candy until they bring it home and it’s examined by an adult.
- Tell your children and teenagers to never ring a doorbell without being escorted by a parent and never enter a stranger’s house.
- Talk to your children about crossing the street. Even if you’re with them, children who are excited on Halloween may be eager to get across the street on their own. Tell them to look in both directions before crossing and only cross the street in a crosswalk. Equip them with a strong flashlight.
Teen Driver Safety Week
Parent-teen contracts are the focus as the National Highway Traffic Safety Administration observes Teen Driver Safety Week Oct. 17-24.
It’s been well documented that teen drivers face more risks on the road than other drivers. Motor vehicle accidents are the leading cause of death for teens. Teen drivers are involved in three times as many fatal crashes each year as all other drivers.
Safety officials are pushing a number of efforts this Teen Driver Safety Week, including parent-teen contracts, stronger junior operator laws, improving use of seat belts and reducing teen access to alcohol.
Parent Teen Contracts
The parent-teen contracts are available from insurance companies, auto club AAA and government offices. They cover areas such as seat belt use, passengers allowed in the car, alcohol and nighttime driving. While the contracts may offer teens an insurance discount, many advocates see them as a way to involve parents. The Center for Disease Control is stressing parent involvement with its “Parents are the Key” education campaign launched this week.
Junior Operator Law
Attention is also on junior operator laws this week. Massachusetts adopted its Junior Operater Law on January 3, 2007. The law banned teens from driving between 12:30 a.m. and 5 a.m., implemented a passenger restriction and instituted harsh penalties for speeding, drag-racing and negligent operation.
The law was strengthened in September 2010, when Massachusetts teen drivers were banned from using cell phones and other mobile electronic devices.
Seat Belts
Seat belts are important for every driver and passenger. But this point needs to be stressed to teens. According to the National Highway Traffic Safety Administration, teen drivers and their passengers are the least likely to wear safety belt – yet the most likely to be involved in a motor vehicle accident.
Reducing Teen Access to Alcohol
The consequences can be deadly when teens mix alcohol with driving. Among 15- to 20-year-old drivers involved in fatal motor vehicle accidents in 2006, 31 percent of the drivers had been drinking and weren’t wearing a seat belt.
For more information on the Massachusetts Junior Operator Law, click here.
For information about Teen Driver Safety Week, click here.
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Massachusetts Appeals Court Just Says “NO” to Greedy Insurance Company
The Massachusetts Appeals Court just said NO today to a greedy insurance company, OneBeacon Insurance, which tried to collect an extra several hundred thousands of dollars as reimbursement for an insurance claim. The case was a victory for Massachusetts consumers in general, and for one family in particular who recovered a treasured family heirloom.
The case centered on a family portrait which had been painted in Italy in 1765. The portrait was of family ancestors and was painted by an artist whose works had appreciated in value significantly in the last thirty years.
Unfortunately, this family portrait was one of several items stolen from the family home in 1975. The family had a total of $32,500 in insurance to cover the loss (the loss was much greater). The painting itself had recently been appraised at $25,000. The insurance company (which was a predecessor to OneBeacon) paid the policy limits.
Fortunately, the painting was recovered in 2007. But unfortunately, OneBeacon Insurance Company claimed it owned the work of art, which had increased in value to between $400,000 and $800,000. The family offered to reimburse OneBeacon for the payment of $25,000, but the insurance company refused to settle.
The Massachusetts courts had little regard for the insurance company’s avarice. The Superior Court and the Appeals Court both ruled that the insurer’s “subrogation” right ended with reimbursement; that the contract had no ambiguity whether the family should receive the art if they made the reimbursement; and that the insurance company had no basis for its insurance claim for compound interest on the payment for the claim.
The family portrait has now been returned to its rightful owner.
Massachusetts legal and insurance expert David White said, “This was a clear example of an insurance company attempting to overreach. They had no regard for this family or even their own insurance contract.”
So score this legal battle: Massachusetts Consumers 2, Greedy Insurance Company 0.
The name of the case is Apthorp v. OneBeacon Insurance Group, LLC, Massachusetts Appeals Court No. 09-P-1258 (October 18, 2010)
Some practical consumer advice: If you are a homeowner, make sure you are fully insured for any property loss. You can sometimes actually save money by having valuables, such as jewelry or art, appraised and scheduled separately on the homeowner’s insurance policy. Make sure your home and personal property are fully protected in case of fire, theft, or other loss.
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Car Care Month Time to Check Your Car For Safety
October is a month to enjoy the fall foliage and help young children choose their Halloween costumes. But it is also a good time to prepare your car for the harsh winter driving that lies ahead.
The nation’s largest auto club AAA observes October as Car Care Month, giving all drivers reason to check their automobiles for safety. If you are a AAA club member, this means you are eligible for a $1 visual inspection at a local AAA location. On Saturday, Oct. 16, members can visit the Franklin, Rockland or Newton AAA offices for an inspection. On Saturday, Oct. 23, visual inspections will be offered in Saugus. Click here for a $1 coupon.
AAA club members can also prepare for winter with a free car battery test. Click here for those locations.
If you do not belong to an auto club, winter is the time to consider joining one. Another sound practice is to carry a cell phone with you while driving in case you breakdown or have a car accident and have to call the police, an auto club or family member for help.
In a year of car recalls, you may also want to check whether your car has been involved in a safety recall. The manufacturer should have notified you of any recalls. But if you are concerned about a smaller recall that may have slipped your attention, contact your local car dealer or visit www.recalls.gov/.
Our last suggestion is to put together a car safety kit should you ever get stuck on the roadway or in a car accident. Here are some things to include:
- First aid kit
- 12-foot jumper cables
- Four 15-minute roadside flares
- Colored safety vest to wear in case of breakdown
- Extra fuses
- Flashlight and extra batteries
- Tool kit with screwdrivers, pliers and adjustable wrench
- Tire inflator (such as a Fix-A-Flat)
- Tire pressure gauge
- Rags
- Roll of paper towels and duct tape
- Pocketknife
- Ice scraper
- Pen and paper
- Help sign
If you have an accident, remember to record all relevant information, including the name, address, license number of the other driver, the model and registration of any vehicles; and the names, addresses and phone numbers of any witnesses.
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Fisher-Price Recall Hits Parents, Children Hard
In the year’s largest recall, Fisher-Price has pulled more than 11 million children’s bikes, high chairs and other toys from the shelves. The recall impacts consumers in the United States and Canada. Parents in the two countries are asked to check their homes and immediately stop using any products on the recall list.
The Fisher-Price recall included nearly 50 types of products, including over 7 million tricycles such as the Hot Wheels Trike and the Barbie Butterfly Trike. These toys have a protruding part that can cut children. The company received 10 reports of children being injured.
A million high chairs sold under 23 different names were recalled. The high chairs can cut children on the legs. Seven children required stitches.
The Fisher-Price recall also included 2.8 million infant toys with inflatable balls. The balls have a valve that easily comes off and poses a choking hazard. Also recalled for creating a choking hazard were 120,000 car toys with small plastic wheels that easily come off.
For a full list of recalled toys, click here. Consumers impacted can contact the company’s recall information web page.
Fisher-Price, based in East Aurora, New York, is owned by Mattel, of El Segundo, California. The company recalled the toys voluntarily in partnership with the Consumer Product Safety Commission and Health Canada.
The Fisher-Price recall is a reminder parents need to test toys themselves and watch their children while playing. For infants and younger children, one way to judge whether a toy is a choking hazard is to take a toilet paper roll. Hold the toy or toy piece up to the toilet paper roll. If it’s small enough to slide through, it poses a hazard for your young child.
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FDA Considers Banning Diet Pill Meridia
The Food and Drug Administration (FDA) is now weighing whether to ban the diet pill Meridia following a split vote by its advisory panel.
The panel voted 8-8 on Sept. 15. Half the members voted to continue marketing the drug, which a study has shown increases risk for heart attacks and strokes. Half the panel voted to remove it from the shelves. European regulators banned the drug in January, but the FDA had wanted input from its advisory panel before acting.
Meridia is produced by Abbott Laboratories and has been on the market since 1997. Data released in November 2009 shows that when patients with heart disease took Meridia, they had a more than 11 percent risk of cardiovascular risks, compared with 10 percent taking a placebo. The study included 10,000 patients.
Meridia is one of only three prescription pills currently approved for weight loss. Many say the marginal benefits are not worth the risk. Among study participants, the average patient lost five pounds and 30 percent kept the weight off.
“We do make the assumption that weight loss is beneficial and that translates into clinical benefits, but we’re not presented with those here,” said Dr. Katherine Flegal of the Centers for Disease Control and Prevention. “On the whole, there are not the benefits that justify the risks.”
Prescriptions of Meridia have declined in recent years. About 283,000 Meridia prescriptions were filled in the U.S. last year, just more than half the number in 2005.
To read more about the Meridia product ban discussion, click here.
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Child Passenger Safety Week Time to Check Your Child’s Car Seat
The National Highway Transportation Safety Administration (NHTSA) hosts Child Passenger Safety Week from Sept. 19 to Sept. 25, providing parents an opportunity to check the traveling accommodations for those they hold most dear: their children.
The NHTSA estimates three out of four parents are not properly restraining their children in the car. But car and booster seats provide your child the greatest amount of protection and are especially important in light of the fact that motor vehicle crashes are responsible for the majority of deaths among children ages four to eight years old. Child safety seats reduce injury rates by 58 percent.
Massachusetts law mandates use of child safety seats. The law, which was expanded in July 2008, now requires parents to restrain children five to seven years of age or up to 4′ 9″ tall. Previously, child safety seats were required for children under 5 years of age and under 40 pounds.
The new law also requires children ages eight to twelve to wear a safety belt.
Drivers who violate this law can be stopped by police and face a $25 fine, but the real price is far greater in respect to your child’s safety.
One problem parents face in securing their children is the proper method changes with age. Click here to learn more.
If you’re a parent, make sure your child’s safety seat is properly installed. On Sept. 25, police stations and other inspection sites across Massachusetts will be participating in National Seat Check Saturday. Visit this website and search for an inspection station near you.
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Time to Think Back to School Safety
Heading back to school is always a big event, no matter how old a student is. Students look forward to meeting new teachers, starting new classes and being reunited with friends.
But all this activity brings safety concerns. Yet if parents, teachers and students recognize the risks and work together, the Back-to-School season can be an enriching time. Here are some tips to keep your children safe:
Playgrounds. Each year, more than 200,000 children are treated in U.S. emergency rooms for falls on the playground. The goal is to implement preventative measures in your playground and make it as safe as possible if falls do occur.
Start by inspecting playground equipment for any defective or broken parts.There should be a 12-inch depth of wood chips, mulch or sand. Mats should be made of safety-tested rubber or fiber material to prevent head injury if a child falls.
Drawstrings on Jackets and Sweatshirts. Many pieces of fall clothing come with drawstrings. Most people think nothing of these until a child endangers himself or a classmate, often unknowingly.
Prevent a dangerous situation where a child gets strangled. Remove drawstrings on hoods. Cut drawstrings from the waist or bottom of jackets, coats and sweatshirts to three inches.
Loops on Window Blind Cords. Visit your child’s classroom to ensure it’s a safe environment. Look at the windows to see if they have blinds with a long cord. If there are blinds with cords, this is a safety hazard. A child could strangle himself when the teacher’s not looking or swallow the plastic piece at the end of the cord.
Bikes. Many students ride their bicycles to school. It’s important for drivers to watch out for them, but parents also need to educate students on how to avoid bike accidents. The first rules is bike helmets. Massachusetts has a mandatory bike law for minors under 16. Beyond the law, bike helmets prevent and reduce head injuries should your child take a fall.
To learn more about school safety, visit the Consumer Product Safety Commission web page, “American Goes Back to School Program.”
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DePuy Orthopaedics Recalls Hip Implants–Massachusetts Patients Affected by Defective Product
The DePuy Orthopaedics unit of Johnson & Johnson has recalled two types of hip implants that have failed one in eight patients and required a second surgery within five years. The standard hip implant lasts for 15 years.
DePuy recalled its ASR XL Acetabular System, a traditional hip implant procedure, and the ASR Hip Resurfacing System last week. Only the traditional hip implant procedure is available in the United States. About 93,000 DePuy devices have been implanted worldwide.
The recall was issued because of friction between the implant’s metal components. The friction generates metal ions which affect the healing of the joint in some people. The device is also difficult for surgeons to properly implant in the precise location.
In the past two years, the Food and Drug Administration has received about 400 complaints about DePuy hip implants.
The product recall is the latest in a series for Johnson & Johnson, which has pulled Tylenol and Acuvue contact lenses from shelves in recent months. The Tylenol recall is the subject of a federal inquiry over the company’s handling of over-the-counter product recalls.
If you have a DePuy hip implant, it is important you consult your surgeon. To find out what to expect, visit the Breakstone, White & Gluck website.