Side Effects & Recall Lawsuit
Hip Replacement Recall Lawsuit Settlement
Hip Implant Lawsuit: Johnson & Johnson Reportedly Offers $4 Billion Payment
On November 13, a report on Bloomberg claimed that Johnson & Johnson has struck a deal of $4 billion to settle thousands of DePuy hip implant lawsuits. It roughly translates into about $350,000 payment per litigant. Though there is no official word from the company or its subsidiary DePuy Orthopaedics, settlement details are likely to be announced next week, according to two lawyers privy to the settlement.
The settlement, according to sources, will cover 7,000 to 8,000 litigants who had to undergo revision or replacement surgeries following the failure of DePuy ASR hip implants. The tentative deal is expected to leave those litigants who are yet to replace the DePuy systems despite suffering from adverse effects. Johnson & Johnson faces over 12,000 hip implant lawsuits filed over ASR and Pinnacle brand hip replacement devices. This is going to create space for future litigations and the manufacturer will be forced to pay those removing DePuy’s implanted hip devices.
Though each litigant, on an average, is expected to be awarded $350,000, the final settled amount
Stryker Rejuvenate Hip Replacement Implant Recall Lawsuit
Stryker Rejuvenate Hip Implant Lawsuits
On January 25, a Stryker Rejuvenate class action lawsuit was filed in a south Florida federal court seeking free treatment and medical monitoring for people implanted with the recalled metal hip replacement devices. Michigan-based Stryker Orthopedics recalled its metal Rejuvenate Modular hip implants in June 2012 following widespread reports of metal poisoning, local tissue reactions, pain, premature device failure, and early modular-neck junction corrosion attributed to its design defects. The FDA received as many as 60 complaints on the hip implant failure, metallosis, infection, and bone necrosis in the four months preceding the recall.
An estimate released by Stryker Orthopedics in January 2013 puts the total costs the manufacture has to pay for personal injury lawsuits filed following the hip system recall at $390 million.
GranuFlo Lawsuit and NaturaLyte Lawsuit
GranuFlo and NaturaLyte Lawsuits
On January 25, 2013, a 38-year-old Louisiana man filed a product liability lawsuit against Fresenius Medical Care, claiming he had suffered from life-threatening dialysis injuries. According to the GranuFlo and NaturaLyte lawsuit filed at the Louisiana east district court, Ronnie Glasper suffered from heart stroke, heart attack, and severe pain following hemodialysis treatment at Fresenius clinic in Ferriday. He was administered with two dialysates NaturaLyte and GranuFlo, manufactured by Fresenius, which have been linked to the substantial risk of cardiovascular problems, metabolic imbalance, and wrongful death.
The hemodialysis lawsuit is one of the three dozen similar litigation cases filed against Fresenius in various federal courts across the United States. The number of lawsuits is expected to grow into hundreds, and the motion for MDL consolidation has already been filed. Internal memos leaked in March 2012 revealed that Fresenius was aware of hundreds of deaths caused by improper doses of NaturaLyte and GranuFlo at its clinics in 2010, but continued to treat patients with these hemodialysis solutions without any warning or disclosure of safety concerns.
Nap Nanny Recall Lawsuit
Nap Nanny Recliner Recall Following Deaths and Injuries
On December 27, 2012, four retailers announced recall of 150,000 Baby Matters Nap Nanny recliners following an appeal by the U.S. Consumer Product Safety Commission (CPSC). The market withdrawal was expected following an administrative complaint filed by the CPSC on December 5 seeking the product recall on the ground that defective design and lack of adequate warning on them increase the risk of infant injury and death. In the last 28 months, the CPSC has received 72 reports of infant injuries caused by fall from these recliners. The manufacturer continues to stand by its product and is yet to issue a recall on its own.
There were reports of at least five deaths and 92 injuries caused by infants falling out of first and second generation Nap Nanny recliners and Nap Nanny Chill baby recliners prior to the recall issued by Buy Buy Baby, Babies R Us, Diapers.com, and Amazon.com. The present Baby Matters Nap Nanny recliner recall was second in the last two years after about 30,000 recliners were recalled in July 2010 following similar infant injury and death complaints.
CPSC Warning and Administrative Complaint
According to the CPSC, three Nap Nanny recliner models - Generation One, Generation Two, and Chill - have defects in their design, label warnings, and instruction manuals, which put infants at the risk of grievous injury and death. Its earlier recall in 2010 following infant injuries and death forced Baby Matters to introduce a second-generation version of these inclined foam beds fitted with fabric cover. However, indentation on which the babies are placed continues to remain defective and harness belts have failed to protect infants. The incidents of death and injury have gone up manifold, forcing the federal regulator to determine that warnings and instructions are insufficient to protect babies.
On December 5, 2012, the CPSC filed an administrative complaint asking for suspension of sale and a nationwide recall of purchased Nap Nanny and Nap Nanny Chill recliners. It claims that dangerous design defects were behind deaths and injuries caused by infants falling out of these foam beds and seeks an order for the manufacturer to notify all distributors and consumers about the serious risks posed by the product. If the complaint is accepted, Baby Matters will be required to recall products and refund the full value of purchased recliners to consumers.
The administrative complaint by the CPSC is rare and the fourth in the last 11 years. Two of the previous instances include recall of two child-linked products, Zen Magnet and Buckyball desk toys, in August.
Subaru Recall Lawsuit
Subaru Recalls 634,000 Vehicles Citing Potential Fire Hazard
On January 3, 2013, Japanese car maker Subaru announced recall of 634,000 vehicles, including sedans, crossovers, and wagons, sold in the United States, citing potential fire hazard caused by an electrical problem. The National Highway Traffic Safety Administration has confirmed to have received at least 10 reports of smoke and melting caused by short-circuit in the wiring and connectors of the puddle lamp located under doors of Subaru vehicles when exposed to electrolytic moisture. The Subaru car fire hazard recall covers all 2010 and 2011 Legacy and Outback models, some Tribeca SUVs made from 2006 to 2012, and selected Forester crossovers manufactured between 2009 and 2012.