Posts By: Kelly Knight Holder

Xarelto Bellwether Trials Postponed for a Surprising Reason


Xarelto Bellwether Trials Postponed for a Surprising Reason

You may remember from one of our previous blog posts (August 26, 2016) that the Xarelto Bellwether trials were supposed to be underway by now. In fact, the first case was supposed to have been heard in February. However, the trial was postponed. What caused this major trial to be postponed may surprise you.


Generally, courts don’t like to postpone trials if they can help it. But it does happen. Trials can be postponed for things like family emergencies or scheduling conflicts. Sometimes they’re delayed because of a change of venue or because more time is needed to prepare. The reason for the delay of the Xarelto Bellwether trials? Basketball.


That’s right, basketball. The NBA All Star game was scheduled for the middle of February – the same week as the Xarelto Bellwether trials. Because of this, both parties agreed to delay the start of the trials. Though the exact reason as to why they didn’t want the trials to start the same week as the game is unknown, we can speculate that maybe they didn’t want the distractions of two major events happening at the same time.


The trials were rescheduled for March. The first trial was moved to March 13th, and the second will take place on April 24th. The results of the first four trials are going to have a huge impact on the outcomes of the cases that come after, so be sure to look for the results of these cases!


If you or someone you know has been the victim of a defective drug or medical treatment, be sure to contact an experienced attorney at Oxner + Permar for a free consultation.


Stryker Orthopedic Medical Device Recall

Stryker Orthopedic Medical Device Recall

In 2012, Stryker Orthopedics was forced to issue a hip device recall of one of their widely used modular hip stem devices. After a number of lawsuits, Stryker finally agreed to a settlement of $1.4 billion for the product liability and personal injury claims against them — and it looks like Stryker Orthopedics is going to be in a similar situation again this year. There have been multiple reports that one of their devices has either been breaking at the stem or causing metal poisoning. Both instances cause the patient to need emergency revision surgery.


Of course, this is a huge problem. As the metal joints rub against each other, they begin to corrode. This weakens the head-neck juncture of the implant causing it to eventually break. It also can cause severe pain for the patient as well as higher metal levels. This is what leads to metal poisoning or “metallosis.”


Unfortunately this is not a problem that can simply be repaired; the patient will need a new device entirely. This poses additional risk for patients whose bodies are already adapting to one hip surgery. They are being exposed to the risk of infection or other complications expected from a hospital setting. Moreover, these devices are attached directly to the patient’s bone. They’re not designed to be replaced, and oftentimes, a surgeon will have to break the femur in order to remove the device, causing additional strain on the patient’s body.


Even once this corrective surgery is finished, there is no guarantee that the patient will be alleviated of their problems. In fact, in all likelihood, long-term problems will persist. As such, those affected by this defect should be entitled to compensation.


If you or someone you know has been affected by a defective orthopedic device, be sure to contact an experienced attorney. You deserve compensation for your pain and trauma.

Woman Awarded $70 Million in a Case Against Johnson & Johnson

Woman Awarded $70 Million in a Case Against Johnson & Johnson

It’s always scary to hear about companies failing to warn consumers about the dangers of their products. Ideally, you hope that companies will have the best interests of their consumers in mind. However — when something does slip through the cracks, and a product that’s unsafe or has potential dangerous side effects goes to market, it’s always good to hear about the court system standing by the consumers.Closeup Of Judges Gavel, Legal Code, Scales Of Justice On The Rough Wooden Background. Law Concept

A court recently found Johnson & Johnson guilty of not informing their consumers of the connection between the use of their talcum powder and ovarian cancer. Deborah Giannecchini had been using Johnson & Johnson talcum powder as a feminine hygiene product for more than 40 years. Three years ago she was diagnosed with ovarian cancer.

According to Giannecchini’s lawyer, Johnson & Johnson had been presented with 30 years worth of studies linking talcum powder to ovarian cancer. It was clear to the jury, who ruled in favor of the plaintiff, that Johnson & Johnson should have been warning their customers about this risk. Giannecchini was awarded more than $70 million.

Giannecchini was not alone in her claim. Around 1,700 others have filed similar claims against Johnson & Johnson. If you or a loved one have been diagnosed with ovarian cancer as a result of talcum powder use, be sure to contact an attorney to find out if you are eligible for compensation.

When big businesses fail to protect us, it’s always good to turn to an experienced lawyer, someone who has your back and will fight for you. At Oxner + Permar, we’re passionate about protecting our client’s rights.

What’s the Difference Between a Class Action Lawsuit and a Mass Tort Lawsuit?

What’s the Difference Between a Class Action Lawsuit and a Mass Tort Lawsuit?

Often we hear about class action lawsuits on the news or ads on TV calling for those affected by a defective product to contact a lawyer to join a class action lawsuit. But what many people don’t realize is that there are actually two, major kinds of class action lawsuits.

The first kind is simply a class action lawsuit. This is probably the kind you’re familiar with. In a class action lawsuit, a lawsuit is filed on behalf of an entire group of people who share a set of unfortunate circumstances, damages and injuries. This type of action reduces the number of court cases that arise when many people are harmed by the same problem.

The second kind is known as a mass tort lawsuit. Mass tort lawsuits also deal with the cases of many people affected by a similar problem or situation; however, there tends to be more variation or complexity to the separate cases. Rather than filing a single lawsuit to cover many cases, a single attorney or group of attorneys, are allowed to represent each case individually. The cases are brought before the same judge. Using the same key players allows for each case to be viewed individually, while those involved become experts, understanding the precedents set by earlier cases and being able to distinguish variation.

With class action lawsuits, you would have to be able to prove that your situation is typical for what others have experienced when dealing with a company or product. There’s no need for this with a mass tort lawsuit as your case would be handled on an individual basis. Because of this, however, mass torts tend to be more complicated than a class action lawsuit, and will likely take much longer to settle.

If you have any questions about dealing with a class action or mass tort lawsuit, be sure to contact an experienced attorney.

Could Your Heartburn Medication Be Causing Chronic Kidney Disease?

Could Your Heartburn Medication Be Causing Chronic Kidney Disease?

Nexium. Prevacid. Prilosec. What do you do when you have persistent heartburn? Take one of these pills (also known as a proton pump inhibitor), as prescribed by your doctor and recommended by the manufacturer. But there’s a problem, and it’s affecting millions of people. These pills are being marketed and prescribed for occasional bouts of acid reflux, but they are not intended to be a “lifestyle pill” used everyday by people who want to do things like eat a spicier diet. They are only intended for short term use. Even so, the companies have marketed them in a way that makes these pills seem like they should be taken all the time.

What are the side effects of over-taking proton pump inhibitors, or PPIs? The worst injury they cause is a condition called Acute Interstitial Nephritis. AIN is caused exclusively by drugs like PPIS or NSAID use, and it can lead to chronic kidney disease and end stage renal failure. There are literally millions of people all over the world who are being over prescribed and over-treating with PPIs, and it’s got to stop.

The drug manufacturers have been especially culpable, but until we as patients and attorneys stand up in support of more accurate marketing and perhaps safer manufacturing, change may come slowly. In the meantime, check your own medication (Are you taking it only occasionally? Are you showing any odd signs of side effects?)—and talk to your doctor about the hazards of over-taking these medications. If you think you might have have beChattanooga, USA - August 15, 2011: Prilosec Over The Counter (OTC) omeprazole magnesium delayed-release tablets. These 20.6mg acid reducer pills are used for frequent Heartburn.en wronged, contact Oxner + Permar so that we can help you determine the feasibility of a case.

What Are Proton Pump Inhibitors?

Proton pump inhibitors, otherwise known as PPIs, are medications used to treat heartburn. The most common of these are Nexium, Prevacid, and Prilosec, which have been both prescribed and given over the counter for years.

PPIs are designed to prevent excess stomach acid to relieve patients from heartburn and damage to the esophagus. Unfortunately, these medications also prevent the body from being able to absorb some of the nutrients that it needs, such as magnesium.  Without magnesium, kidneys cannot function properly.

What Are The Potential Injuries?

Unfortunately, long-term use of PPIs can lead to kidney failure in the form of Chronic Kidney Disease. Recent scientific studies have demonstrated that PPIs can increase the risk of kidney disease by as much as 20%-50%.

What Is The Legal Status?

Because of the nature and widespread use of PPIs, lawsuits are being filed all over the country. The lawsuits will take the approach that neither patients nor doctors were advised of the high level of risk associated with the drug. If you or a loved one has experienced the negative effects of a PPI, contact Oxner + Permar for a free consultation. We are always here to make wrongs, right.