Yearly Archives: 2017

DuPuy Hip Replacement Cases

Uncategorized

DuPuy Hip Replacement Cases

We’ve written in the past about hip replacement implant recalls and lawsuits against Johnson & Johnson. Recently one of Johnson & Johnson’s subsidiary companies, DuPuy Orthopedics has been involved in a number of cases surrounding defective hip replacement implants.

These medical devices have been recalled due to the fact that they caused a number of complications in patients that received them. Patients reported symptoms such as pain, difficulty standing, limited mobility, loosening of the prosthetic joint, metal poisoning and hip replacement failure. Many of these patients required a second surgery to correct the first one.

It’s not uncommon for there to be complications when it comes to risky surgeries; however, the reason DuPuy is being held responsible is partly due to the fact that they did not conduct sufficient premarket testing. As a result they are currently embroiled in a series of bellweather trials to settle the claims.

The point of a bellweather trial is to address multiple claims over the same issue. The patients who experienced negative side effects from their DuPuy hip replacement implants were able to have their case heard through this bellweather trial. That way one judge could make a decision on a large number of cases, rather than having multiple judges view each case individually. This not only helps with the speed at which these cases are settled, but also with the consistency of the outcomes of these cases.

The third DuPuy Hip Replacement Implant Trial concluded at the end of 2016. As a result, Johnson & Johnson was forced to pay $1 billion in punitive damages on top of $32 million in compensation.

If you or someone you know has been injured by a defective hip implant, don’t hesitate to contact an attorney. Make sure you have someone on your side who can help you stand up to big pharmaceutical companies.

Oxner + Permar Gives Back: Informing the Community

Community

Oxner + Permar Gives Back: Informing the Community

At Oxner + Permar, we believe in giving back in a variety of ways, including providing valuable educational opportunities. It’s important that all citizens of the community are informed of their rights. Making information freely available is a huge part of ensuring that the community is aware of the the laws that concern their everyday life. That’s why we like to host informational events in and around the Greensboro area.

On June 23rd, we helped host an informational event at Daystar Church. The goal of this event was to speak on issues that affect the Hispanic community of Greensboro. We had a variety of speakers such as Eric Ramirez, one of our distinguished workers’ compensation attorneys.

We also heard from Jessica Yañez (Yañez Immigration Law), who spoke about the laws and regulations that often come into play with immigration. The Immigrants Rights Working Group joined us to talk about the different ways that they provide services to immigrants in the U.S. The group is dedicated to fighting anti-immigration policy, supporting immigration cases, and providing education on immigration law. And FaithAction International House partnered with us as advocates for immigrants working to build understanding and a sense of belonging. Finally, the Greensboro Police Department provided information and support, which we appreciate as well. It takes all kinds of partners to help ensure our community is well informed and well supported.

After a brief overview from each of the presenters on their area of expertise, we opened up the floor for a Q&A session. This was an excellent opportunity for members of the community to ask question and stay informed of their rights. We’re so glad this was such a successful event, and we hope to see you at the next one!

We plan to host more of these informative events in the future, so if you have any interest in volunteering or attending follow us on Facebook for more information!

If I’m a Contract Worker, Do I Have Joint Employers?

Workers' Compensation

If I’m a Contract Worker, Do I Have Joint Employers?

Many people have multiple employers. Sometimes this is because they are working more than one job. At other times, it’s because they are contract employees. It also could be because their job falls under the umbrella of two companies. Your individual situation determines how your case will be handled.

For instance, there was a case in 2013 concerning a woman who worked as a housekeeper for the Crothall Services Group. Through Crothall Services she was contracted out to Novant Health, Inc. in order to provide cleaning services. She was assigned to work at Forsyth Medical Center. As she was leaving to take her lunch break, she fell in the parking lot and injured her left shoulder. The parking lot was owned and managed by Novant.

The woman returned to work, but was later fired for smoking an e-cigarette during an unauthorized break. Not only was the break unauthorized, but Corthall’s policy required that she follow Novant’s no-smoking policy while at the hospital. After she was let go, she filed a workers’ compensation claim against both Crothall and Novant. However, both companies denied her claim.

When she tried to appeal her case, the court ruled in favor of Crothall and Novant because she was only employed by Crothall, not Novant, and since she was injured on Novant’s property, she was not eligible for workman’s comp.

The problem here was that these two companies were not her joint employers. If she’d been doing the same work for both companies, the situation would have been different. An experienced attorney can help you navigate small differences such like this and help you approach a case in the way that gives you the best chances of settling in your favor. So if you’ve been injured at work, don’t hesitate to contact an attorney as soon as possible.

If you’re doing contract work, there’s a good chance that you do not have joint employers. Feel free to contact the experienced attorneys at Oxner + Permar for a free consultation to find out how this affects your case.

Case Spotlight: Injured Trucker Trying to Return to Work

Workers' Compensation

 

Case Spotlight: Injured Trucker Trying to Return to Work

In previous blogs, we’ve mentioned that we often have clients who are unsure about what kinds of cases we take. The truth is we take a wide variety of workman’s comp cases and work with clients from all kinds of industries — from nurses to construction workers to anything else you can think of. Your injury doesn’t even have to have taken place in North Carolina. As long as your company is located here, there’s a good chance we’ll take it on.

For instance, one of our current clients is a truck driver for a company located here in North Carolina. While driving through West Virginia, he got into a single vehicle accident. As a result, he broke his right elbow, tore his right tricep, injured his clavicle, tore his rotator cuff and injured his neck. After the accident, he continued experiencing headaches.

The good news was that workers’ compensation covered his surgery on his elbow and tricep, and paid him weekly checks. However, he still needed surgery on his rotator cuff. Our client is in his late 50s, and unsure whether he’ll be able to return to his job without further surgery. That’s when he reached out to Oxner + Permar. Our client has asked for our help to ensure that he receives his full medical treatment in order to regain full use of his arm and shoulder. Because if he is unable to return to work, what will he do? A lot rests on his case.

We are currently in the process of working with him to ensure that he receives full coverage of his treatments. Should he be unable to return to work, we’ll look at alternative options together to try to figure out his best course of action — because the most important thing to us is making wrongs, right!

If you’ve been injured at work, don’t hesitate to reach out. With more than $275 million in awards and settlements, Oxner + Permar has the experience to ensure you receive the benefits you need to aid in your recovery and get you back to work.

Don’t Let Insurance Prevent You from Getting Back to Work

Workers' Compensation

Don’t Let Insurance Prevent You from Getting Back to Work

We know that when you’ve been injured on the job your aim is to get back to work as soon as possible. However, it can be frustrating when the insurance companies are preventing you from getting the treatment you need to heal properly. That’s one advantage of working with a workers’ comp attorney: We know how to deal with insurance companies.

For instance, we’re currently working with a client who was injured while installing guard rails. He tripped in a hole and twisted his knee. His injury required knee surgery, and as a result, he was completely out of work. Naturally, he applied for workers’ compensation and was receiving benefits to cover him while he was out of work.

However, after his surgery, his orthopedic physician recommended physical therapy. The insurance company refused to authorize this treatment. When our client returned to his doctor weeks later for a follow up appointment, his doctor explained that without physical therapy, his knee would not heal properly. Despite this, his insurance company would not cover the treatment.

Weeks had gone by with no treatment. Our client was frustrated because without physical therapy, he couldn’t get better and wouldn’t be able to return to work at all. It was then that he reached out to us. Upon signing him, we immediately got his physical therapy approved.

It can be incredibly frustrating when it feels like the insurance company is working against you — especially when all you want to do is return to work. At Oxner + Permar, we’ll fight for your rights and help you back to work as soon as possible.

We always recommend that the sooner you contact a workers’ comp attorney the better. We know what to look for when dealing with workman’s comp cases, so we can make sure you’re getting the benefits and treatment you need to get back to work as soon as possible.