Texas Personal Injury Blog

Squeaking Hips - Is It Grandpa's Ceramic Hip?

Beth Janicek — Thu, 15 May 2008 19:02:36 GMT

Artificial hips have a basic design: a socket implanted in the pelvis, into which a spherical head is fitted. A spike is attached to the head which his driven into the femur, or thigh bone for anchorage. Hip replacements are very common and more than 250,000 Americans get hip implants each year. The procedure costs approximately $45,000.00. The success rate is more than 90% based on generally pain-free mobility after recovery. The recovery period varies and can be from a few months to a year.

In the United States in 2003, a medical products company, Stryker, began marketing highly durable ceramic hips. Many patients chose the highly durable ceramic hip to avoid a second replacement later in life. These ceramic hips were promoted as lasting more than the 15 years for the conventional joints made of steel and plastic. Prior to that, squeaking was very rare after hip replacement. Individuals who opted to go with the ceramic hip are now saying that the squeaking hips is interfering with their daily life. Mr. Mueller, a software executive in Scottsdale, Arizona has become so frustrated with squeaking and popping noises from his ceramic hip that he has displayed his problem on YouTube.

"One study in the Journal of Arthroplasty found that 10 patients of 143 who received ceramic hips from 2003 to 2005, or 7 percent, developed squeaking. Meanwhile, no squeaks occurred among a control group of 48 patients who received hips made of metal and plastic."

Patients and their surgeons fear that the squeaky ceramic hips may be an alarm that the joints are wearing out prematurely.

Medical Malpractice: The Equivalent of a Full 747 Crashing Every Day

Brooks Schuelke — Thu, 15 May 2008 12:35:56 GMT

This week, movie star (and part-time Austin resident) Dennis Quaid spent a considerable amount of time speaking to Congress about preemption. Quaid told Congress the oft-repeated story of his twins, and described how preemption, the silent tort-reform, threatens everyone's safety. I could summarize the testimony, but I couldn't come close to describing the problem as eloquently as Quaid, who said:

Since this brush with tragedy, I have found out that medication errors are unfortunately all too common. Approximately 100,000 U.S. patients die every year because of medical errors in hospitals alone. It's a toll we would never tolerate in aviation, nearly the equivalent of a full 747 crashing every single day.

I have also learned a lot about the legal system - and it was surprising, I have to tell you. Like many Americans, I believed that a big problem in our country was frivolous lawsuits. But now I know that the courts are often the only path to justice for families that are harmed by the pharmaceutical industry and medical errors. Yet the law is stacked against ordinary people.

For instance, in my home state of California, a 1975 law caps compensation to malpractice victims. The cap has never been raised for inflation. The practical effect is that people without the wealth to pay legal fees up front are unable to get their cases before a judge or jury.

Now we face something with potential to be even more sweeping and even more unjust: federal preemption. The Supreme Court is about to decide whether to bar most lawsuits over drugs and their labeling, as long as the drug was approved for marketing by the FDA. After many years of rejecting arguments that FDA actions should preempt lawsuits involving injuries from products regulated by the FDA, White House appointees at the FDA reversed that position in 2002, and now argue that FDA approval immunizes the manufacturers of dangerous products from liability for the deaths and injuries they cause.

*****

It is hard for me to imagine that this is what Congress intended. You tell me, Mr. Chairman: When it passed the Food, Drug, and Cosmetic Act in 1938, did Congress intend to give appointed bureaucrats at the FDA the right to protect a drug company from liability, even when the company cuts corners and jeopardizes our safety?

A federal ban on lawsuits against drug companies would not just deny victims compensation for the harm they experience. It would also relieve drug companies of their responsibility to make products as safe as possible, and especially to correct drug problems when they are most often discovered - years after their drugs are on the market.

Permitting bureaucrats who are under pressure from their bosses and the drug companies themselves to yank our access to the courts is incomprehensible. We have all heard about understaffing and backlogs at the FDA, and about drug-safety scrutiny that is patchy at best. If the Supreme Court rules in favor of the drug companies, it will eliminate one of the most effective deterrents to letting the bottom line win out over public health and safety.

******

We Americans need some balance on the scales of justice in our country.

You can view Mr. Quaid's testimony at CNN or read a transcript at Public Citizen's website.

And I thank Mr. Quaid for his action. For far too long, the US Chamber of Commerce and the like have dominated the press on civil justice issues. It's finally time that someone takes the mantle to speak out on behalf of the public.

Bayer Pulls Remaining Stocks of Trasylol

Scott Kappes — Thu, 15 May 2008 12:25:13 GMT

Yesterday the FDA announced that Bayer would be removing remaining stocks of Trasylol after a study confirming suspected increased death risks was published in the New England Journal of Medicine. The BART study compared Trasylol with two less expensive alternatives on patients undergoing heart surgery. In November the study was halted when preliminary results suggested that patients being treated with Trasylol were dying at much higher rate than those being treated with the other medications. This prompted Bayer to suspend worldwide marketing of the drug until the results of the trial were finalized. Final results of the study, published in this month's New England Journal of Medicine, showed that patients being given Trasylol had a 53 percent increased risk of death over those treated with alternative medications.

Bayer has informed the FDA that it will now remove remaining stocks of Trasylol from the US market. Most of the stock is in warehouses, doctors' surgeries, and hospitals. The agency said it will work with the drug company to ensure a "smooth and complete process".

Trasylol was shown to be marginally more effective in reducing bleeding; however, this small benefit in almost all cases will not outweigh the risks associated with the drug. Some experts estimate that Trasylol could have been responsible for as many as 1,000 deaths each month.

As of last week Bayer was facing 83 lawsuits over injuries associated with Trasylol; this number will likely skyrocket in coming months. If you or a loved one has been injured as a result of being administered Trasylol during heart surgery, we would like to help you.

Study Confirms Trasylol Dangers

Scott Kappes — Thu, 15 May 2008 11:12:01 GMT

The results of a study published in the New England Journal of Medicine have confirmed preliminary findings that Bayer's anti-bleeding medication Trasylol (aprotinin) dramatically increases a patient's risk of death. The BART trial, as it was called, was halted when it became apparent that death rates were disproportionately higher for patients being given Trasylol. This prompted Bayer to suspend worldwide marketing of the drug. The results, now made public, show that patients receiving Trasylol have a 53 percent greater risk of death when compared with those receiving less expensive alternatives.

The study did find Trasylol to be slightly more effective in reducing bleeding than the other medications but by no means does this out weigh the significant increased risk of death. Previous studies have linked Trasylol to heart and kidney problems, but never statistically significant enough to prompt widespread concern. Some experts believe that the use Trasylol could have been responsible for 1000 deaths a month. If this study would have been done five or ten years ago just think of the lives that could have been saved.

A commentary accompanying the study, released online by the New England Journal of Medicine, said the drug was unlikely to be returned to the market.

As of early this month Bayer was facing 83 lawsuits filed on behalf of Americans that claim to have been injured or died as a result of being given Trasylol, and I am sure that this number will skyrocket in the near future. If you or a loved one has been injured as a result of being given Trasylol contact an attorney today.

Elevators and Escalators Injure Thousands

Jeff Rasansky — Thu, 15 May 2008 10:23:07 GMT

According to the U.S. Consumer Product Safety Commission (CPSC), nearly 90 billion people ride an escalator annually. Out of these, approximately 11,000 related injuries happened in 2007. The CPSC reports that most of these injuries are the result of falls. However, 10 percent are the result of hands or shoes being caught in escalators.

The most common type of shoe that gets stuck in these sorts of accidents are a popular brand/type of soft-sided shoe. 77 entrapment incidents have occurred since January 2006; all but two of which involved the soft-sided shoes.

Young children are especially at risk for escalator injuries by having their hands, shoes or clothing caught in the escalator. The sheer force of the escalator can easily remove toes and fingers. Sometimes, elevators and escalators will malfunction and cause injury to the riders. An escalator that speeds up quickly or reverses direction will often result in injury, and there are numerous cases of people falling down elevator shafts when the elevator doors open but there is no elevator.

To prevent escalator and elevator injuries, consider the following rules:

· Do not ride an escalator with untied shoes

· Always face forward on an escalator and hold the handrail

· Do not bring strollers or walkers on the escalator

· Always hold children's hands on escalators

· Do not permit children to play or sit on escalators

· Before entering an elevator, make certain that it's actually there

Many elevator and escalator injuries occur every year. If you have been injured while riding an escalator or elevator, contact a personal injury right away. You may be entitled to a cash settlement for your injuries.

Death Rate Significantly Higher for Trasylol

Robert Binstock — Wed, 14 May 2008 18:52:18 GMT

According to a long awaited study published today, Bayer's Trasylol has a 53 percent higher death rate than other similar drugs. Trasylol was withdrawn from the market in November after the drug was linked to kidney problems and other serious adverse reactions including death. Trasylol is used to reduce bleeding during heart surgery. Some experts believe that Trasylol could be responsible for as many as 22,000 preventable deaths.

The BART study, published in the New England Journal of Medicinehad to be halted after preliminary results showed an increased risk of death associated with Trasylol. The trial compared Trasylol with two different less expensive drugs on 2,331 patients. The patients were randomly assigned to one of the three drugs. Overwhelming concern from preliminary results associated with Trasylol forced researchers to halt the study. It was not until the study was published in this month's NEJM that the true results were made public.

A commentary accompanying the study, released online by the New England Journal of Medicine, said the drug was unlikely to be returned to the market.

Several lawsuits have been filed against Bayer over Trasylol and many more will likely follow this report. If you or a loved one has been injured as a result of being given Trasylol during surgery contact Reich and Binstock today.

Tort Reformers Filing Personal Injury Claims?

Brooks Schuelke — Wed, 14 May 2008 18:16:09 GMT

This week two respected bloggers filed similar stories about tort reformers who had filed their own personal injury claims. Mike Phelan covered the story of Judge Robert Bork's personal injury suit following a slip-and-fall incident. Phelan points out that in his prime, the former nominee for the US Supreme Court was a staunch advocate of tort reform, but when he himself was injured, he turned to a personal injury suit.

A day later, Ron Miller at the Maryland Injury Lawyer Blog filed a story about a West Virginia doctor who filed a medical malpractice suit.

Ron had an interesting opinion in his post: that we shouldn't be so quick to label Judge Bork or the doctor as hypocrites because it is difficult for people to see the true need for the system until they themselves are hurt. Ron just hopes that they'll change their stripes now that they have filed their own personal injury claims.

Ron makes a good point that we should be understanding in those situations. But there are other tort reform supporters that I think it is fair to label as hypocrites, and those are the supporters who continue to call for tort reform despite taking advantage of the legal systems themselves. And that is a long list. For example, President Bush, a strong supporter of tort reform, sued Enterprise Rent-A-Car in 1999 over a minor fender-bender when no one was hurt. Texans for Lawsuit Reform board members Leo Linbeck, Richard Trabulsi, and Richard Weekley were plaintiffs in over 60 lawsuits between them and their companies. Even 20/20 reporter John Stossel, who routinely disparages lawsuits and plaintiffs' lawyers in his stories, speeches and writings, filed suit in the 1980s and reportedly accepted a $200,000.00 settlement after he was assaulted by a professional wrestler while doing an interview for a story.

Foam Makers Agree to Pay $30 Million Over Nightclub Fire

Scott Kappes — Wed, 14 May 2008 15:16:24 GMT

Several foam-manufacturing companies have collectively agreed to pay $30 million to settle lawsuits resulting from a 2003 Rhode Island nightclub fire. The fire killed 100 people when a pyrotechnic display ignited foam used for soundproofing. The flammable foam fueled the fire and caused it to spread rapidly, trapping patrons inside the club. In all over $100 million has been offered by several companies, including Home Depot, Clear Channel Broadcasting and fireworks makers, to settle claims of survivors and the families of those who perished in the fire.

It is still not clear exactly who manufactured the foam that was used in the club. The American Foam Corp. supplied the foam to the owners of the club, but the company used a handful of manufacturers for their products.

The club owners installed the foam after repeated complaints from neighbors of noise from the club. They claim that they did not know the foam was flammable and had never been cited by the fire inspector in repeated inspections.

The fire was the fourth-deadliest nightclub blaze in U.S. history. Besides the 100 people killed, more than 200 others were injured.

The tour manager for the band playing the night of the blaze served 22 months in prison after pleading guilty to 100 counts of manslaughter for lighting the pyrotechnics. One of the former club owners is also serving a four-year sentence after pleading no contest to the same charges.

Chemical Found in Common Snacks Linked With Cancer

Jeff Rasansky — Wed, 14 May 2008 11:12:53 GMT

According to a recent study, the chemical acrylamide has been linked to several forms of cancer. Acrylamide is found in French fries, potato chips and even bread and coffee. Studies conducted in the Netherlands found that this chemical is a more prevalent threat than once believed.

A study conducted on nearly 21,000 participants between the ages of 55 and 70 found that those who ate the highest amount of acrylamide had a 59% greater risk for kidney cancer than those who ate the least acrylamide. Cancers of the kidney, bladder and prostate were found in a 13-year follow up with the participants.

In a similar study, researchers found that postmenopausal, nonsmoking women who consumed the most acrylamide had an increased risk for ovarian and endometrial cancer. The study was published last December in the journal Cancer Epidemiology Biomarkers and Prevention and the latest findings appear in the May issue of the American Journal of Clinical Nutrition. The Food and Drug Administration (FDA) has reported that 100% of Americans consume acrylamide.

Accountability for Trooper in Daughters' Death

Beth Janicek — Wed, 14 May 2008 08:34:00 GMT

A mother filed a wrongful death lawsuit against an Illinois State Trooper who was involved in a car wreck during a police pursuit that killed her daughters. She is seeking $24 million in damages and hopes to hold law enforcers accountable. The lawsuit is about justice.

"One of the things that obviously is preached by Illinois State Police as a law enforcement agency is that people have to be accountable for their actions". "The message of this case is that accountability goes both ways."

An accident reconstructionist testified that Trooper Matt Mitchell was traveling 126 mph on Interstate 64 when he lost control of his vehicle. The deaths were ruled reckless homicide. The sisters were returning from a holiday photo shoot when the Trooper's car crossed the median and slammed into their car, killing them instantly.

I have represented families in lawsuits against troopers involved in tragic accidents during police pursuits. The statistics are staggering regarding police pursuits and related deaths. In 1998, The National Highway Traffic Safety Administration (NHTSA) reported 314 people were killed during police pursuits - two were police officers; 198 were the individuals being pursued; and 114 were unrelated victims. There needs to be some accountability to deter these troopers and harsher punishment for individuals who run from the police.

For more information on injuries during a police pursuits or if you or a loved one has been injured in a police pursuit, contact my office.