New Mexico Injury Lawyer Blog

Medical Article Published in June of Nursing2010 by Joan Ferlo Todd, RN. Article discusses the injury caused to people who have underwent shoulder arthroscopy. Click on the link to read the full article: FDA Alerts and Notices :Harmful Medical Devices.

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.

Continue reading "Who's Accountable For Faulty New Mexico Medical Devices? " »

The Zimmer Durom Cup, also known as the Zimmer Durom Acetabular component, was introduced in the U.S. in 2006 and meant to be an improvement over traditional hip replacement components. Instead of using screws, cement or epoxy to secure the Cup, the Cup was intended to bond to the patient's hip socket as bone grows into the device's shell.

However, almost as soon as the Durom Cup was introduced, problems with the hip replacement components began. Rather than being an improvement over previous hip replacement components, the Cup has been linked to serious problems, including excruciating pain requiring additional hip replacement surgery. Often, the bone doesn't grow into the device correctly and the metal socket loosens and separates, grinding against the bone as it moves.

As a result, lawsuits against Zimmer Holdings Inc. are on the rise. These lawsuits allege both that the hip replacement system is defective and that Zimmer failed to provide adequately warning or instructions about the proper use and the proper techniques for implantation.

Despite a brief suspension of the sale of the Zimmer Durom cup in 2008, Zimmer continues to manufacturer and sell these components and remains a dominant force in the hip replacement market.

Continue reading "Zimmer Durom Cup Lawsuits On The Rise" »

On January 22, an Oregon jury awarded a chondrolysis patient nearly $5.5 million in compensation. According New York Times, more than 150 such lawsuits are currently making their way through the court system.

Chondrolysis is a rare ailment in which joint cartilage dies, resulting in bone grinding on bone. Many times this surgery affects athletes, ending their athletic careers and leaving them with a lifetime of pain and disability.

Litigation against pain pump manufacturers, pharmaceutical companies and physicians using the pumps has exploded recently as more and more patients are discovering injuries attributable to the use of pain pumps during surgery. The pumps deliver controlled doses of pain medication directly to the surgical site, and often eliminate the need for post-surgical pain medication.

Findings suggest using these pain pumps in surgery causes shoulder joint cartilage to break down, resulting in pain and loss of mobility.

In November, the FDA issued a bulletin stating that it had never approved the use of shoulder pain pumps directly with joints. Doctors counter this, arguing that labels on pain pumps were vague and labels did not specifically warn against use of pain pumps in the joints.

Continue reading "New Mexico Medical Devices - Studies Link Pain Pumps To Cartilage Deterioration" »

The Medical Device Safety Act of 2009 (the "MDSA") is one of this year's top pieces of consumer rights legislation. This crucial legislation seeks to protect patients from dangerous and defective medical devices by reversing the effect of the Supreme Court's ruling in Riegel v. Medtronic. Riegel provides blanket immunity from liability to some medical device manufacturers if those devices have received pre-market approval by the FDA. Those immune from liability include manufacturers of replacement heart valves, silicon breast implants and pace-makers.

As a direct result of Riegel, many medical device recipients have been denied the opportunity to seek compensation for injuries, lost wages and medical expenses when harmed by defective medical devices or inadequate warnings.

If passed, the MDSA would restore injured patients' rights to seek justice in the courts when medical devices have failed.

As New Mexico medical device safety attorneys, we believe it is critical that Congress act to protect the safety of consumers and support the MDSA. Serious - sometimes fatal - injuries occur as a result of defective medical products. These products may be placed in the stream of commerce, and into our bodies, without sufficient safety studies. Consumer lawsuits are necessary to hold manufacturers accountable for their dangerous products.

Passing the MDSA will put safety and consumers first.

Continue reading "New Mexico Medical Device Law - Passing The MDSA Is Crucial To Patient Safety" »