Medical Device Recall and Personal Injury Attorney

Top 5 Most Common Personal Injury Cases

Personal injury cases are filed each and every day in the United States.  It’s an area of law that was created to help protect people against the negligence of another party, whether that’s private party (like another individual) or a company that may sell a faulty or harmful product.

Below are the five most common types of personal injury cases (in no particular order) and tips for winning a particular case.

Common Personal Injury Case #1: Automobile Accidents. In Los Angeles, in particular, auto accidents happen just about every second.  With tens to hundreds of thousands of people out on the road at any given time, it’s inevitable that auto accidents are going to happen.  Despite the fact that accidents will sometimes happen, there is usually a party that is at fault and if there is significant enough damage or injuries, a personal injury claim may be filed against the other party.

Common Personal Injury Case #2: Faulty Product Liability.  Consumers purchase a variety of products with the assumption that the product is safe and going to benefit them somehow.  However, there are times where products that were intended to help a consumer actually ends up causing some kind of harm or injury.  Such was the case of the metal hip replacement products and components, Stryker, Zimmer Durom Cup and DePuy ASR.  Companies have an obligation to consumers to produce products that are safe and when it’s clear that there is some kind of complication or fault with a product, consumers then have a right to seek damages that may result due to pain, suffering and medical expenses involved in treating such injuries.

Common Personal Injury Case #3: Medical Malpractice. Similar to faulty products, doctors are held to a standard of care that puts patients in a position of trusting a doctor’s expert advice and treatment.  When such treatment ends up being harmful, causing injury (or even death), the negligence on the part of the doctor may be cause for a medical malpractice claim against that doctor.

Common Personal Injury Case #4: Work-Related Accidents.  Work-related accidents are also extremely common among personal injury cases, partly because people spend much of their time at work and injuries on the job are bound to happen, but also because people often have to do certain tasks involved in the job that may then result in some type of injury.  There could be negligence on the part of the employer to provide the necessary items for an employee to complete their job safely and without injury.  This can include the necessary safety training, equipment, or supervision.

Common Personal Injury Case #5: Dog Bites.  Dog bites are another common personal injury case, particularly in a society where the beloved furry friends are considered family. According to The Humane Society, it’s estimated that 46% of American households own at least one dog, totaling over 78 million dogs.  With that many dogs and as many people in this country, accidents and dog bites are bound to happen.  Improperly securing a dog inside a fenced or gated yard or having your dog on a leash are easy ways for a dog bite victim to show negligence on the part of a dog owner, which would result in a potential personal injury case.

If you or someone you know have suffered any kind of injury as a result of any of the above types of cases, or any other case where you feel that an individual or company may have been negligent, contact the Csengeri Law today at (310) 373-9330 to set up a free consultation to discuss your case.

This post is brought to you the good folks at Csengeri Law, servicing the personal injury needs of those throughout the greater Los Angeles and South Bay areas for over 25 years.  If you or a loved one has suffered a serious injury or death, call Stephen Csengeri of Csengeri Law at (310) 373-9330 or through our website to set up a free meeting to discuss your case and explore your rights.  We’d love to connect with you on Facebook!

The Stryker Hip Recall Lawsuit and Settlement

Stryker Hip Replacement Recall

When you make any large purchase in life, you probably compare different companies to each other.  For instance, you try to decide if Sony or Samsung is the best brand of television to purchase for the money.  Like all technology, hip implants are also created by different manufacturers, but the general public usually doesn’t get the chance to choose which company they want.  In most cases, your orthopedic surgeon weighs the benefits and risks of a particular brand of hip implant, and then they use it to help replace your aching joint.

Again, like other technology, hip implants can have structural defects that go unnoticed, and this is what happened in the Stryker hip implant case.  Several of the models manufactured by this company have severe flaws that can cause pain and illness that rivals what you may have experienced before.  If you have hip pain well before you should, it helps to contact your orthopedic surgeon to determine what brand of implant you received.  Before you agree to surgery, you should contact a lawyer to determine if you are eligible for legal action and to preserve the evidence of its failure.  Even if you don’t have symptoms currently, you may need to take legal action against the possibility of implant failure in the future.

Models Recalled

Stryker has made many different models of hip implants.  Some are improvements on older models, such as when new materials are FDA approved for the use in hip replacement.  Some are dependent on the patient, such as different models for different anatomy types.  When you contact your orthopedic surgeon, it is important to not only discover what brand name of hip replacement you received, but to get the specific model number.  Not all of the Stryker hip implants have been recalled, and if you are experiencing problems, knowing that you are not in danger of a bad implant can help to refine your search for answers.

The two Stryker hip implants that have been recalled are the Rejuvenate Modular Hip System and the ABG II Modular-Neck Hip Stem.  These models have been in use since June of 2008, so if you had your surgery after that time, you may find that this implant was used on you.  Unfortunately, Stryker does not keep records of who received implants from their company.  Certain other implants, such as pacemakers, do keep records, but this is not the case in orthopedic implants.  The best source of information is your surgeon, but if they are not forthcoming, you may need to turn to legal representation to learn the truth.

Symptoms of Bad Hip Replacement

Most patients find that they have pain in the hip far sooner than they would anticipate with a replacement.  As most patients know, replacement hips do not usually last a lifetime.  In fact, many need to have revisions done in approximately ten to twenty years.  However, with the recalled hip replacements, the pain in the hip joint can occur right after the surgery or within only a few years of the surgery.  The pain is often similar to what you experienced before you had the surgery to replace a diseased hip. You may also experience pain in the groin, below the buttocks, shooting down your leg. You may have difficulty walking without a limp.

The pain tends to occur when the hip is most active, such as walking up stairs.  In addition, any flexion of the hip, or movement of the knee forward or toward the chest, can cause pain.  This is due to the erosion of the tissue surrounding the implant and impingement of nearby nerves.  Some patients also experience redness and swelling over their hip, and these symptoms occur far sooner than you or your surgeon expects to see them.  Another symptom is metallosis from the breakdown of the hip implant.  Cobalt and chromium shavings can break free of the device, and small lumps can form over the hip to isolate the metal.  In some patients, the systemic signs of cobalt poisoning are present, such as peripheral neuropathy, rashes, and problems seeing or hearing.  However, this is relatively rare, and pain and limitation with movement are usually the only signs of a bad implant.

Steps to Take

Your first step to sorting through this problem is to call your orthopedic surgeon.  Simply asking them to get back to you with the name of your device may be enough, but some offices require that you submit a formal written request for medical records.  These records may even be at the hospital and not accessible by your doctor’s office. To identify specifically what device was used in your surgery, contact the hospital medical records department and ask for a copy of you implant log (this shows all the component parts and their identifying numbers). Also, ask your surgeon for a copy of all the surgical records. Although it does seem to be a hassle, getting the records officially will save a great deal of time when you go to make your claim.  It is worth it to formally request your records from both the doctor and the hospital.  You have a legal right to these documents, but you may have to pay a fee to access them due to clerical costs.

Next, if you are a patient with this implant, you need to contact a lawyer.  This may seem reactionary, but it is the only way to protect your rights.  Even if you are not having symptoms, it is important to know the device you have and seek legal counsel.  The lawsuit is only open for a set period, and if you wait for symptoms, you may not be able to recoup any damages once the case is settled.  If you are having symptoms, you need to seek legal counsel to ensure that the evidence, the implant, is not disposed of or tampered with.  In addition, having legal counsel will allow you to ensure that you document all of your interactions with surgeons and receive compensation for your claim.

If you have an implant that is metal on metal, you need to have a blood test to determine the level of chromium and cobalt that has shed into you body. You can have this specific blood test performed by your family doctor.

After you have the information and legal backing, surgery to remove the painful implant is generally the next step. It is absolutely essential that when the device is removed during your revision surgery that it be save and given to you. This is very important evidence and you should use an attorney to make sure you are given the explanted device. If you are not having pain, you may not need surgery, but chances are you will need some form of medical intervention on your hip far before you or your surgeon planned.  For your protection, a lawyer can help you to navigate these sometimes confusing waters of medical law and class action law suits.

Tips to Avoid Auto Accident Injury (or Death)

In California, especially traffic-heavy Los Angeles, auto accidents are extremely common, everyday occurrences.  While not all accidents result in injury or fatality, a number of them can and do. According to the 2010 Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions, over 2,700 people were killed in auto accidents and over 160,000 collisions involved the injury of one or more people.

While even the safest driver may not be safe from the injuries that can come from an accident caused by another, there are a number of things that you, as a driver or passenger of a vehicle, can do to prevent injury (or death) in the event of an auto accident.

Thanks to Los Angeles personal injury lawyer, Stephen Csengeri, here are some helpful tips to take to avoid injury or death in an auto accident.

Wear your seatbelt. This is an obvious one, but many deaths from auto accidents are a result of passengers not wearing a seatbelt being ejected from the vehicle.  Seatbelts have proven to be lifesavers for millions of people involved in car accidents.  In addition to wearing your seatbelt, make sure that you are properly wearing your seatbelt.  This means if your seatbelt has a shoulder strap, you should have the strap over the center of your chest and not under your arm.  Also, you can secure your seatbelt usually by leaning forward until it locks and clicks in place.

Follow the law. In California, wearing your seatbelt is a law.  So, that’s law #1 that you should follow; however, in addition to the seatbelt law, you should follow a number of other laws that are in place for your safety.  One is speed limits.  Speed limits are not posted so that the government has a way to cite you and collect money.  They’re there for your safety, believe it or not.  Another law is the cell phone law.  Between texting and distractions that come from being on the phone, just don’t do it.  It can wait.  Also, understanding the laws of the road when it comes to who has the right away, when it is safe to turn, when you need to come to a complete stop, driving around construction, etc. will certainly help you be a much better driver.

Properly maintain your vehicle.  Vehicle malfunction is another major cause of auto accidents which can lead to your own injury (or death), or the injury (or death) of other passengers or other drivers.  Be sure to properly maintain your car’s engine, brakes, tires and other safety mechanisms, including seatbelts, locks, airbags, mirrors and steering wheel.

Secure young children in car seats.  If you have any young children riding along with you, make sure that you have them properly secured in a car seat.  Ideally, the safest part of a vehicle is the closest to the center, so whenever possible, place children toward the center of the vehicle.  Never place a child in a car seat in the front seat, particularly with an airbag feature.

Keep arms inside the vehicle. Another injury prevention tip is to keep your arms inside your vehicle.  A lot of people enjoy driving with the window rolled down and their arms dangling to the side of the car.  As comfortable and “free” feeling as this may be, it makes you susceptible to unnecessary injury during an auto accident, which could result in the loss and function of your arm and hand.  Simply avoid this injury by keeping all limbs safely inside.

Adjust your seat and headrest.  Make sure that your seat is adjusted so that you are safely in your seat.  If you’re driving, you should be close enough to operate the vehicle, but you should not be so close that if the airbag were to go off during an accident it would cause you greater injury than injury prevention.  Some people like to sit really close to the steering wheel or dashboard, which is not a very wise idea given how rapidly airbags deploy during an accident.

Eliminate (or reduce) your distractions.  Easier said than said in today’s day and age of electronic gadgets and a constant need to be connected via telephone, internet, Facebook, Instagram, Twitter and other forms of social media.  However, the operation of a vehicle should never be viewed lightly and should be handled with a great degree of care, time and attention.  Put any electronic gadgets out of reach, keep the radio at a reasonable volume so that you can hear emergency vehicles and other warnings on the road, take time to eat food after you’ve arrived at your destination, apply makeup at home before you leave (or when you arrive at your destination) and keep as much of your view out of your windows free from obstruction.  The more you can eliminate and reduce your distractions, the more prepared you will be to prevent or avoid an auto accident from happening in the first place, even if you wouldn’t be the party at fault for the accident.

Clean your car. An often overlooked cause of injury during an auto accident is small objects throughout your car that are not securely stored and are free to move.  These small objects can become airborne during impact and with the force of the accident, become deathly projectiles toward you (or your passengers). Secure loose objects inside drawers or compartments inside your vehicle or place these items inside the trunk.  The more clutter you can remove from your car, the better.

Avoid driving late at night. There are a number of reasons why night driving is not a good idea and why there is a driving curfew for new drivers.  It’s because nighttime driving can be even more dangerous.  Drivers may be intoxicated or tired. Drivers may have a hard time seeing or their ability to see the road or dangers in the road is much harder.  If you can avoid driving late at night, it’s a smart idea to avoid potentially fatal auto accidents.

Stay in your vehicle.  Last, but not least, another major cause of injury (and even death) is when drivers and passengers exit the vehicle following an auto accident.  Depending on circumstances, other drivers may not see you or the accident and it may not be safe to exit your vehicle.  Staying in your vehicle whenever possible is a great way to avoid becoming a victim of other injuries resulting in being on the side of a dangerous highway with fast-moving vehicles driving by.

If you or someone you know has been involved in an auto accident that resulted in injury or death, contact Stephen Csengeri of Csengeri Law.  Mr. Csengeri has represented a number of clients on several personal injury cases.  Contact Mr. Csengeri today at (310) 373-9330 to set up a free initial consultation to discuss your case.

This post is brought to you the good folks at Csengeri Law, servicing the personal injury needs of those throughout the greater Los Angeles and South Bay areas for over 25 years.  If you or a loved one has suffered a serious injury or death, call Stephen Csengeri of Csengeri Law at (310)373-9330 or through our website to set up a free meeting to discuss your case and explore your rights.  We’d love to connect with you on Facebook!

Csengeri Law Wants to Keep You Informed About Dangerous Implants and Implant Related Law

Welcome to the official blog of Csengeri Law! Here at Csengeri Law, we are devoted to providing people who have suffered at the hands of faulty or defective medical implants. We pay careful attention to the past, present and future of implant related legal matters. We have worked extensively to ensure that patients are apprised of their rights and potential legal recourses to a defective or recalled implant. This blog represents our newest effort to bring information regarding the big implant manufacturers to the public, as well as offering information on other implant related medical matters.

Tens of thousands of patients can suffer when firms like Zimmer, DePuy and Stryker release a faulty implant. At Csengeri Law, we’re devoted to helping these patients in every way we can. That means offering top notch legal representation as well as regularly offering consultations to implant victims. We also like to keep the public informed on the latest legal trials, medical discoveries and other implant related legal matters. Just being informed of the rights and options available can help patients state of mind, which can be important to a full scale recovery after an implant goes wrong.

Our founder, Steve Csengeri has dedicated himself to helping patients who have suffered. This course was made clear as Steve recovering from his own implant and winning the first settlement for the Zimmer Durom Cup.  Each and every one of us at Csengeri law is as dedicated as Steve and will be working to give you the latest in implant related knowledge and advice. Check back in for regular updates on the state of ongoing issues like the Stryker Rejuvenate and DePuy ASR recalls, as well as the latest medical updates.

Canadian Doctors Agree, Metal-on-Metal Implants Have Higher Failure Rates.

Another metal on metal implant complication has been documented in yet another country. A recent report by the Canadian Institute for Health Information (CIHI) sheds some interesting light on the topic on metal on metal implant revision.

The health authority suggests that people with a specific type of biomedical implants more likely to require a revision surgery in the first five years than patients with other models. While CIHI says that overall revision rates are low it does point out that large-diameter modular metal-on-metal implants had a 5.9% chance of needing an implant replacement, compared to the 2.7% chance of the traditional metal on plastic implants.

The data released by the Institute goes on to say what we have been saying for years. Most current metal-on-metal implants were fast tracked through the FDA and were expected to provide a better solution for younger, active patients. Unfortunately for a number of patients, this didn’t end up being the case. Patients with metal-on-metal implants have suffered from several symptoms in recent years. Metallosis, blood poisoning and over health issues can be caused by metal shavings building up in the joint tissue

Canadian medical experts pointed out that the major difference in failure rate between American and Canadian implants in recent years stems from an obvious source. Most likely due to the prevalence of metal-on-metal implants in the late 2000’s. Almost half of the male hip implants in the 2000’s were metal-on metal implants.

When companies like DePuy, Zimmer and Stryker release defective implants or initiate major recalls, many patients have no idea what recourse they have. A free consultation by a knowledgeable lawyer is usually a step in the right direction. The skilled team at Csengeri Law is standing by to offer advice, assistance and legal aid to the patients of defective and recalled metal-on-metal implants.

Another Metal Hip Implant Related Health Risk Has Been Reported.

Yet another metal on metal hip implant risk has been reported in the news recently. An ABC Good Morning America story recently caught our attention. Paula Spurlock, of Denver Colorado has manifested an overall allergic reaction to her metal hip implant.

Paula’s troubles began with an all over itching sensation, accompanied with pain all over her body. After being tested by an allergist with the standard battery of tests, the 50 year old Paula Spurlock was left with no answers. She suffered from the pain, itching and regular migraines for nearly two years before doctors discovered the potential that her metal hip implant was causing her symptoms.

Luckily for Paula, doctors ran a positron emission tomography (PET) test and happened to notice her hip lit up in the results. After more extensive skin tests, the source of the symptoms was determined. Paula was allergic to the cobalt in one of her two hip implants. In an interesting turn, Paula Spurlock has two hip implants of different make and manufacture, and only one of them gave her an allergic reaction.

In a similar turn as other defective metal implants, the nickel implant Paula had been outfitted with had abraded and left nickel shavings in the lining of her hip. Paula’s allergy may have been a blessing in disguise, as patients who do not show this allergy can suffer from metal build up until it causes blood poisoning. Like other metal on metal hip implants, Paula’s had no prior indicators that it may act as an allergen in patients.

This type of allergic reaction to metal on metal implants is a new development, but not surprising given the history of these implants. With FDA fast tracking protocols available, many implants are pushed onto the market with absolute minimal testing. Patients suffering from all manner of health issues due to defective, recalled and problematic implants are coming forward more and more regularly. Csengeri Law is here to help each and every one of them.

Csengeri Law is dedicated to helping victims of defective and recalled hip implants, as well as patients suffering from metal implant related complications. Steve Csengeri, the firm’s founder and chief legal advocate has devoted himself to defending patients of faulty implants. Csengeri Law offers free consultations to any patient with difficulties stemming from a metal on metal hip implant. Call (310) 862-2916 if you have questions about your rights regarding a metal hip implant.

 

Stephen Csengeri has Over Three Decades of Personal Injury Related Legal Experience.

Stephen Csengeri has served clients with personal injury related legal advice since 1983 and continues to offer compassionate expertise for clients with a wide range of personal injury related issues. Steven Csengeri opened Csengeri Law in Torrance, CA in 2001. Csengeri Law focuses primarily on clients who are dealing with pain, suffering and other difficulties related to personal injury. This type of personal injury law can include injuries due to defective and recalled medical devices, serious auto accidents, premises liability and direct personal injury claims.

Stephen Csengeri understands first hand how crippling a personal injury can be, and not only in terms of the actual physical injury. When someone suffers a personal injury by no fault of their own, it can cause substantial problems across the board. The financial burden an injury causes can be crippling in its own right. Hospital and doctor visits for a person or family who are unprepared for a medical emergency can be even more crippling than care for an insured party.

It’s troubling for many personal injury clients who were prepared, and still found themselves on the wrong side of an insurance claim. When a person has all of their insurances in order and suffer an injury that an opposing insurance firm denies a claim it can be a devastating blow. A skilled personal injury attorney can be extremely helpful when it comes to dealing with this type of issue.

Csengeri Law is standing by to help clients who are dealing with a personal injury related issue and don’t know where to turn. With three decades of personal injury legal experience and over a decade in Csengeri Law, Stephen Csengeri is always willing to help. Stephen Csengeri knows full well how difficult an injury can be and offers free consultations to all personal injury clients. Beyond this, Csengeri Law works on a contingency for personal injury cases. In short, Csengeri Law only gets paid when a client is successfully compensated for their personal injury. If you or a loved one is suffering from a personal injury and are in need of a legal advocate, call Csengeri Law at (310) 862-2916

 

DePuy to Halt Production on Metal-on-Metal Implants in August.

The production of the last of the DePuy metal-on-metal hip replacement systems is slated to come to an end in August, 2013. Johnson & Johnson orthopedics unit DePuy Orthopaedics announced in May that the discontinuation of the DePuy Pinnacle metal-on-metal hip system is eminent. The devices run will officially end in August of 2013.

This represents the last of the DePuy metal-on-metal implants being removed from the marketplace. Unfortunately for patients all over the world, more than one of DePuy’s implants have faced recalls and lawsuits. According to DePuy, the lines have been discontinued due to dwindling surgeon interest in the implant, as well as increased Food and Drug Administration(FDA) regulations involving testing on the bio-medical devices.

Metal-on-metal devices, like the DePuy ASR implants that were recalled in 2010, were often able to apply for special FDA “fast tracking” process. It seems that even in the official DePuy line is that testing the implants is going to be a bad investment. Speculation abounds regarding the deeper motivations regarding the discontinuation of the metal-on-metal implants.

DePuy is already on the hook for over $8.3 million in damages to former prison guard Loren Kransky. With the first major multi-district lawsuit regarding the lawsuit is slated to take place in Toledo in July. Mounting data shows higher than average failure rates, along with long term damage to patients in these and other metal-on-metal implants. For thousands of patients, it’s extremely vindicating to see DePuy finally stop marketing these devices. If you or a family member has a metal-on-metal hip, or other joint replacement, Csengeri Law can help.

Metal-on-Metal Hip Complications

Breaking Bio Medical News: MRI Procedures Reveal Metal-on-Metal Hip Complications.

In a huge new development for biomedical science, it appears that magnetic resonance imaging can detect complications due to metal-on-metal implant complications. A recent study that was published in the Journal of Bone and Joint Surgery concluded that MRI scans can detect the inflammation and damage surrounding a metal hip implant. In many cases, the MRI scan can detect the inflammation before a patient suffers from pain. In short, this means that hip replacement patients who are worried but not directly suffering have a new, safe alternative to test for potential implant related cell deterioration or damage.

The studied was started to measure how much synovitis related inflammation was suffered by different hip replacement patients. Using three groups of implant patients with varying levels of joint pain and functionality, the study carefully examined the inflammation of the joint and joint lining. Overall, the study showed 78% of sufferers with unexplained joint pain suffered from synovitis while 68% of patients without pain suffered inflammation of the joint lining. All of this inflamed tissue points to the same “adverse local tissue reaction” diagnosis that keeps popping up in metal-on-metal implant related lawsuits.

MRI scans have proven extremely effective for measuring and monitoring the synovitis and inflammation surrounding metal-on-metal implants. As the MRI can show tissue damage a patient may not know they are suffering from, it may prove extremely valuable to doctors that are proactively looking for implant failure. This type of testing could prevent patients from suffering the debilitating side effects of metal-on-metal implants like the Zimmer Durom Cup and the DePuy ASR hip replacement system. Both Zimmer and DePuy are facing numerous lawsuits in state, federal and district courts around the country regarding their implant systems.

Kransky vs. DePuy Verdict Will Stand

It’s Official, the $8.3 Million Dollar Kransky vs. DePuy Verdict Will Stand.

It’s looking like DePuy won’t be able to squirm out of this one. Judge J. Stephen Czuleger upheld the initial jury decision in favor of former prison guard Loren Kransky. In the initial trial, the jury found that the recalled DePuy ASR XL Acetabular metal-on-metal hip implant was the cause of significant injuries to Mr. Kransky. DePuy was ordered to pay $8.3 million dollars to Kransky for pain, suffering and injuries related to the recalled metal-on-metal device. Immediately after the trial, DePuy attorneys said they would attempt to appeal the verdict in a higher court. Ultimately, DePuy was denied the appeal.

Judge Czuleger ruled that the plaintiff had provided sufficient evidence in the initial suit. According to the California courts, the DePuy implant was clearly defective and lead to Kransky’s injury. The implant, initially marketed as a solution for long term mobility, suffered from a similar design defect as other metal-on-metal joint replacements. Metal abrasion commonly occurs where metal components of the DePuy implant rub together. This leads to metal particles accruing in the joint lining, causing inflammation, bleeding and numerous other health concerns.

The DePuy ASR implant is particularly interesting in terms of metal-on-metal implant law as it was allowed to be marketed without a complete clinical trial. Using an FDA procedure that allows a fast tracking of medical devices, DePuy seemingly put the implant on the market as fast as possible. A year and a half after the first ASR implant lawsuit was filed DePuy finally recalled the implants. Currently, over ten thousand lawsuits have been filed against DePuy in the United States alone.

A large DePuy ASR related multi-district trial is scheduled to begin in July in Toledo, Ohio. Csengeri Law will continue to make regular updates regarding the DePuy ASR hip replacement lawsuits. This ongoing legal coverage should help showcase the options available to patients who are suffering from defective implant or a recall surgery. If you or a loved one has received a DePuy ASR implant and want to know your rights in regards to the recall, Csengeri Law can help. Give us a call at (310) 862-2916 for a free consultation.