New Mexico Injury Lawyer Blog

Articles Posted in Defective Products

In order to prevent dangerous blood clots from moving into the lungs and causing pulmonary embolism, surgeons implant patients with IVC (inferior vena cava) filters. IVC filters are retrievable, wire devices designed to catch blood clots in the blood stream before they migrate to the lungs, allowing for dissipation of the clots over time. These filters are also noted for helping prevent strokes and other life-threatening events in patients.

Since 2005, the FDA has received hundreds of reports about adverse effects from implanted IVC filters, including filter migration, filter fracture, and punctured blood vessels and organs. Taking note of the reported risks of migration, fracture, and perforation, the FDA issued a warning about IVC filters in 2010, suggesting that the devices should be retrieved from patients as soon as the risk for blood clots decreased.
The risks posed by an IVC filter escalate the longer the device remains in the body, since the likelihood of device fracture increases with time. Metal extremities of the IVC filter can break and ultimately find their way to the heart or lungs of the patient. Problems that may be associated with the use of an IVC filter are:

• Filter migration
• Filter fracture
• Tilting of the filter
• Inability to retrieve the filter
• Perforated blood vessels and organs
• Pulmonary embolism
• Respiratory problems
• Stroke
• Death

IVC filters manufactured by C.R. Bard and Cook Group, Inc. have been involved in lawsuits. Three brands of IVC filters that have been noted for causing adverse effects in patients are:

• Bard Recovery filter
• Bard G2 filter
• Bard G2 Express filter

If you or a loved one has been implanted with an IVC filter and experienced problems, you may have a case.

Please fill out a contact form or call the Branch Law Firm if you or someone you love has suffered complications after being implanted with an IVC filter. We have experienced lawyers and knowledgeable support staff that can help you.

As anticipated, last week the Food and Drug Administration (FDA) issued an order requiring more studies on the risks of transvaginal mesh by manufacturers. Transvaginal mesh – also referred to as vaginal mesh and pelvic mesh – has come under fire after years of reports linking serious injuries to the devices. In September, an F.D.A. advisory panel recommended that such studies be required.

Transvaginal mesh is a medical device primarily used to treat pelvic organ prolapse and stress urinary incontinence. Over the years, significant problems have been reported to the FDA including:

• Vaginal mesh hardening
• Infection
• Vaginal pain
• Vaginal mesh erosion, protrusion and extrusion through the vagina
• Organ injury
• Pain during intercourse

If you or a loved one has had surgery utilizing the transvaginal mesh and experienced injuries, it’s important to speak with an experienced New Mexico products liability attorney who is familiar with vaginal mesh complications.

The FDA first reported problems with the mesh in 2008, but stated that such problems were rare. However, in the time span from 2008 to 2010, the increase in adverse events related to the mesh increased 10-fold, leading to the most recent warnings. According to reports, in 2010 about 185,000 women underwent treatments using the medical device and about 15% of those women treated with vaginal mesh experienced complications. A study published in the journal Obstetrics and Gynecology also determined that the mesh did not provide any greater benefits than the traditional method using a patient’s own ligaments.
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More and more claims concerning the troubled DePuy Hip continue to emerge. A recent article reveals that in additional to extreme pain from the faulty medical device, other symptoms related to metal poisoning occurred. According to one DePuy Hip patient – Tony Stauffer – discussed in the San Diego news, his hair started to fall out, he got skin rashes and his fingernails became brittle. These symptoms were linked to metal flakes coming loose from the joint with movement that caused metal poisoning. The metal poisoning then inflamed his hip joint and damaged his muscles.

If you have undergone hip replacement surgery and have a DePuy Hip, it is important to contact a New Mexico DePuy hip attorney to determine your next steps.

Stauffer is one of more than 94,000 DePuy Hip patients around the world who have received the implant. Lawsuits resulting from the defective medical device have been filed in New Mexico and around the country. Many blame the DePuy Hip problems both on the manufacturer and the FDA fast-tracking process that allows device manufacturers to rush products to the market without first ensuring their safety.

In fact, the FDA released a statement indicating its need for post market studies after receiving reports from patients that they “have developed symptoms or illnesses elsewhere in the body including the heart, nervous system and thyroid gland that may be due to the patient’s reaction to metal ions released from the implant.”

In fact, many patients have shown increased cobalt and chromium levels. Despite the recall that occurred in August 2010, the number of patients reporting injuries, pain and discomfort continue to rise. Doctors recommend immediate DePuy Hip revision surgeries in order to correct the problem.
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A recent New York Times article posed the following question:

Who should be accountable when a company sells a flawed product that can injure or kill patients? Is it the company or the people who run it?

We believe it’s both.

We have seen hundreds of individuals throughout New Mexico who have had surgery, only to sustain injuries as the result of a physician implanting a defective product such as the Zimmer Durom Cup. Many parties may be responsible in such cases – including the company, the executives running the company, and even the physicians.

However, those people who are not responsible and must be compensated are the innocent patients who seek medical attention to improve their condition, only to sustain further injury.

In 2006, the Zimmer Durom Cup was introduced and intended to be an improvement over previous hip replacement products. However, rather than being an improvement, it caused significant pain and discomfort, as well as a loosening of the hip implants, requiring additional surgeries.

The use of defective Zimmer Durom Cups in hip replacement surgeries has led to dozens of lawsuits cropping up all around the country. Currently, at least 51 product liability lawsuits in 10 different states are currently pending against the Zimmer Durum Cup, a defective part that implanted during hip replacement surgery.

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Less than a month into 2010, the Consumer Product Safety Commission has already recalled dozens of products – including a massive crib recall of 635,000 Dorel Asia Cribs. The recall came after reports of 10 separate injuries and one infant death as a result of being trapped and strangled by a defective crib. The Dorel Asia crib’s drop side hardware can fail, causing the drop side to detach and allow a gap between the crib and mattress where an infant or toddler can become trapped, suffocated or strangled.

With 20 different models being sold at stores throughout the United States, including Walmart and Sears, the potential for more serious injuries and deaths is widespread.

The recent recall is but the latest in a long list of crib recalls. In fact, more than 5 million cribs, bassinets and play yards have been recalled since 2007. These include such popular cribs as the Simplicity Drop Side Crib, Babi Italia Pinehurst and Delta Enterprise Drop Side Cribs, Stork Craft Baby Cribs and Convertible Cribs by Playkids, USA.

As a result of the dangers presented by cribs and bassinets, it’s crucial to check resources such as the CPSC’s crib information center to see if the crib, bassinet or play yard in your nursery is on the recall list.
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