Category: Dangerous Drugs & Devices

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.

Viagra Users: How Well Do you Know the Potential Injuries Associated With “the Little Blue Pill”?

Viagra Users: How Well Do you Know the Potential Injuries Associated With “the Little Blue Pill”?

It’s hard to know how many men currently use Viagra, but it’s safe to say that a significant portion of the population takes this drug—yet many people are not fully aware of the potential injuries associated with it or that they may have a personal injury case on their hands.

So, what is Viagra? Viagra (sildenafil) is an oral medication used by men to treat erectile dysfunction (ED). Manufactured by Pfizer, and approved by the U.S.London, United Kingdom - October 28, 2014: A Viagra box with two tablets. Viagra is manufactured by the US drug and pharmaceutical corporation based in New York. Viagra is used to treat erectile dysfunction in men since 1998. Food and Drug Administration (FDA) to treat erectile dysfunction in 1998, Viagra has been prescribed to more than 20 million men. Often known as “the little blue pill,” Viagra is immensely popular and was the first oral medication used to treat erectile dysfunction.

What are the potential injuries? A recent study published by the Journal of the American Medical Association showed that men who use Viagra have an increased risk of developing melanoma, one of the most deadly forms of skin cancer. The long-term study began in 1986 and was led by Qing Li, Ph.D, of the Harvard Medical School-Brigham and Women’s Hospital. The study surveyed over 51,000 males who worked in the health profession. This is a significant risk factor to be aware of—and one about which that you should seriously consider contacting an attorney.

Why contact an attorney? Men who developed melanoma after consistent Viagra use are filing cases against the drug manufacturer, Pfizer. Since lawsuits are being filed in many different jurisdictions, these cases have been grouped together in a federal Multi-District Litigation (MDL). One federal judge is in charge of the litigation so that the common legal and factual questions can be decided more easily and consistently.

Why is it important to move quickly? Statutes of limitations in each state govern the amount of time each individual has to file a case. If your case is not filed by this particular deadline, you may be permanently prevented from recovering a settlement for your injury.

If you believe you have developed melanoma caused by Viagra, don’t delay! Contact Oxner + Permar immediately for a free consultation. We handle personal injury cases against pharmaceutical companies every day—and we win our clients thousands in settlement money.