Defective Medical Devices

Spoliation of evidence has been defined by the courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” The concept behind this word defies one of the basic tenants in our legal system – […]

Merck & Co has reportedly agreed to pay $100 million to settle thousands of product liability cases filed by women injured by the NuvaRing contraceptive medical device. The agreement will provide an average benefit of $58,000 to those who suffered deep vein thrombosis (blood clots), pulmonary embolism from a blood […]

Two separate medical cases, published in leading medical journals the same week, highlight mysterious symptoms that were eventually attributed to metal poisoning from a metal-on-metal (MoM) hip prosthesis. A paper published February 8, in the British medical journal, The Lancet, described a German patient’s quest for an accurate diagnosis. His […]

Plaintiffs’ lawyers handling thousands of transvaginal mesh cases filed in West Virginia have proven their contention that Johnson & Johnson (J&J) mishandled thousands of documents necessary for the pending litigation. Now what? Cheryl Eifert, a U.S. Magistrate judge from Charleston, W.V. ruled this week that the healthcare giant improperly lost […]

The NuvaRing New Jersey court has just announced today that a settlement agreement has been reached between Plaintiffs’ counsel and Merck for a sum of $100 million. NuvaRing is a popular contraceptive among women that increases the risk for fatal blood clots. The device is produced by Merck and its […]

The start of 2014 has seen some very significant developments in the national Biomet metal-on-metal hip implant litigation. Perhaps the most significant development though is Biomet’s offering, and the court’s acceptance, of a settlement for claimants who have undergone revision surgeries. On February 3, 2014, Judge Miller entered an order […]

This blog is a continuation of our “Metal Testing: New FDA Guidelines” which you should read first if you want more information on how to test for metal artifacts in your hip. Metal Ions Metal ions are different from metal artifacts. They are microscopic, so you cannot see them with […]

A simple hernia repair surgery. Most doctors sell it as a walk in the park depending on the hernia and certainly the standard of care is to use surgical mesh. But a new study from the American College of Surgeons (ACS) finds the simple surgery for ventral hernia repair can […]

It’s hard to remember exactly how many times Carolyn Jones has had her transvaginal mesh trial put off before a jury in the federal courthouse in Charleston, WV. Now it has been postponed again. Jones will not have her defective product trial heard until May 19, 2014 according to an […]

A trio of studies published in the Journal of the American Medical Association (JAMA) finds that just because a drug or medical device makes it to market does not necessarily mean it’s been tested and is safe and effective beyond all doubt. According to three published reviews, the same standards […]