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.

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.

Personal Injury Lawyer Stephen Csengeri responds to Glenwood Gardens Incident

Glenwood Gardens Incident: Negligence or Not?

Back on February 26, a nurse placed a call into 911 to summon for medical attention to a dying 87-year-old woman at Glenwood Gardens in Bakersfield, California.  In a distressing 7 minute and 16 second phone call, you hear the pleas of the 911 operator with the attending nurse to perform CPR to help save the dying senior.  However, the nurse refused, stating that it was against company policy to perform CPR on the residents.  Lorraine Bayless, who had collapsed in the dining area, later died.

Russ Heimerich, a spokeman for the California Board of Registered Nursing, states, “The consensus is if [someone is] a nurse and if they are at work as a nurse, then they should be offering the appropriate medical care.”

However, according the Executive Director of Glenwood Gardens, Jeffrey Toomer, the woman followed the facility’s policy which is to call emergency medical personnel for assistance and wait with the individual needing medical attention until emergency medical personnel arrives.

Glenwood Gardens is an independent living facility and, unlike nursing homes, they generally do not provide medical care to its senior residences.  They are essentially apartments for seniors and while they typically have nurses on staff, they lack skilled nursing facilities found in most nursing homes, which are used to provide senior residents around-the-clock care.

The family of the deceased senior has indicated that they have no intentions of suing Glenwood Gardens or seeking any kind of punishment for its workers.  They said that it was Bayless’ desire to forego resuscitation efforts and that they understood the facility’s procedures regarding providing medical attention.

Nonetheless, this incident has surely raised a number of concerns on a national level as the 911 call and the story started to hit the media about the policies maintained at senior living facilities throughout the country.  The Bakersfield Police Department has closed its own investigation to determine whether or not there were criminal charges to be filed.   While the criminal investigation of this particular case has been closed, it has prompted for legislation to prevent this from happening again.

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.  We can also handle any medical malpractice cases nationwide.  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!

 

Source: HuffingtonPost.com

Depuy ASR Settlement

There are various types of artificial hips available on the market today. Most are composed of a mixture of metal, plastic or ceramic. But a new type of artificial hip has been introduced recently, made completely out of metal. While they were promoted as a next generation hip replacement, these metal on metal implants have receive attention from the U.S. Food and Drug Administration due to reported problems.

A hip replacement system is composed of different parts. One of those is the ball and socket that mimics the organic hip and allows movement. In some of the new hip replacements, both the ball and the socket are made entirely out of metal. The problem with these all metal parts is that if there are imperfections with their design, potentially severe complications could result for the patient. Reported side effects include inflammation, release of metal ions in the body, difficulty walking, pain and failure of the implant.

One of the most dangerous problems is the release of metal ions as friction between the ball and the cup causes microscopic metallic shavings to separate from the implant. This can lead to a condition called metallosis when the metal ions start entering the bloodstream. Even at low concentrations, these metal ions can cause inflammation, severe pain, as well as problems with the thyroid gland, heart or nervous system.

The DePuy ASR is one of the metal on metal hip implants that has been the subject of attention due to potential defects. Any patient that currently has the DePuy ASR implanted should be aware of the risks involved and pay close attention to symptoms that may indicate the device might have a defect.

If you notice any side effects from the hip implant, even if they seem minor, you should consult your orthopedic surgeon to have the implant inspected. This can help prevent more serious complications from arising. In some cases, it may be necessary to completely replace the implant.

Those who have suffered negative reactions to metal on metal hip replacement devices should know that legal recourse is available. There are currently hundreds of cases which are pending in California State Court related to potentially defective hip implant products. If you have been injured by a hip replacement should consult an experienced attorney that specializes in personal injury cases. This can help you better understand your legal rights as well as the remedies that may be available to you.

This post is brought to you the good folks at Csengeri Law, servicing the personal injury needs of those throughout the country for over 25 years.  If you or a loved one has suffered a serious injury as a result of the a defective Depuy ASR hip replacement or other defective medical device, 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!

Personal Injury Lawyer Csengeri Law

Should You File a Personal Injury Lawsuit or Not?

Often times when people are involved in some kind of accident, medical malpractice or some other kind of incident that results in an injury, they question about whether or not they should take some kind of legal actions. For some, legal action is what immediately comes to mind and, for others, it may take a bit more convincing about doing so.

While, ultimately, it is highly recommended that an individual seek out the advice and direction of a skilled and experienced personal injury attorney to make the final determination about whether or not a lawsuit is the right course of action, here are some important questions and considerations one should make when determining whether or not to take legal action for a personal injury.

• Did you suffer any injuries that resulted in medical attention? If you suffered any kind of injury as a result of an accident, use of a particular product or the actions of someone else, you should seek medical attention. Even for what may seem to be a minor injury not worth going to either the Emergency Room at the nearest hospital or to your primary physician, the fact is, you are not a doctor, so you should not make your own determinations about your medical condition without the knowledge and expertise of someone who is. Going to the doctors not only helps properly identify any injuries you may be experiencing, but it also helps create a physical record of the time of injury and the possible causes. While all personal injury cases do not necessarily need to be serious enough to warrant the need for medical attention, it is wise to seek medical attention to then determine if your injuries are severe enough and also diagnosed as a cause of the particular incident or use of a product.

• Are you still suffering from those injuries? Injuries come in all kinds of shapes and sizes. For some people, injuries are immediate and apparent. For others, injuries as a result of a particular accident or use of a product may not be discovered until down the road. Many accidents or faulty products may come with long-term side effects on your health and well-being, which is another reason for seeking medical attention and advice whenever you are exploring your options for potential legal action.

• Were your injuries preventable if it weren’t for the negligence or intentional actions of a third party? In a personal injury case, the victim must be able to show that the actions or conduct of a third party violates one or more of the following three areas: (1) Negligence; (2) Strict Liability; and, (3) Intentional Wrong. The first is pretty obvious. If your injuries are the result of one’s negligence, which could have been prevented had greater care or concern of another third party, you may very well have a personal injury case. The second, strict liability, is a part of product liability law – – essentially protecting consumers from defective or harmful products. Even though there may be no intentional malice or negligence on the part of a manufacturer, these laws were put into the place to protect consumers. Lastly, there’s intentional wrong, which does cover the case where there may be known intentional criminal acts or other malicious wrong-doing by another to cause personal harm to a victim. If your injuries can fall in any one of these three categories, then you may very well have a good case for a personal injury lawsuit.

• Can you identify a third party that is at fault for your injuries? One major question you must ask yourself when determining whether or not to file a personal injury lawsuit is if you can clearly identify a third party that is at fault. It doesn’t have to be a specific person. Perhaps it’s a company, a particular medical group, perhaps there’s an argument that more than one person is to blame. For example, this may be the case in a medical malpractice case where there may be negligence from say doctors, surgeons and product manufacturers. Whether you know who the third parties are or not, identifying the right third parties to go after and hold liable for your personal injuries is crucial to your case. A skilled and experienced personal injury lawyer can assist you with this task.

• How long has it been since the accident? Last, but not least, you may have the “perfect” personal injury case, but if you don’t act in a timely manner, you may not be able to even file a lawsuit. Every state has its own set of what is known as “statute of limitations”. These laws lay out the amount of time a personal injury victim has from the time of the incident to the time a suit must be filed. In the state of California, the current law gives a victim up to 2 years. If the injury was not discovered right away, which was the case for some victims of the Zimmer Durom Cup and DePuy ASR hip replacement surgeries, then victims have up to 2 years from the time the injury was discovered.

As you can see, there are a number of factors that are weighed when determining whether or not a personal injury lawsuit makes sense for an individual. Rather than make these determinations yourself and especially given the issues surrounding statute of limitations, be sure to seek out a qualified and experienced personal injury lawyer to assist you with your case. You don’t want to have a situation where you may fail to timely or properly file your lawsuit, which can blow your entire case altogether!

This post is brought to you the good folks at Csengeri Law, servicing the personal injury needs of clients nationwide along with 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!

DePuy ASR Hip Replacement Trial

DePuy ASR Hip Replacement Trial Underway
The trial in the first DePuy ASR hip replacement lawsuit is scheduled to begin January 25. The case, In re: Kransky and Kransky v. Depuy, Inc., et al. BC456086, Los Angeles Superior Court, was filed by Loren Kransky and his wife after he suffered medical problems that he alleges were caused by a DePuy ASR hip replacement implant he received in 2007.

The Kransky’s filed the lawsuit against DePuy claiming 14 causes of action including negligence, strict products liability, misrepresentation and breach of warranty. Kransky alleges that the DePuy ASR device caused him various medical problems including metal poisoning. He believes that Johnson and Johnson, the parent company of DePuy, was aware that a high percentage of the ASR hip replacement devices would fail within a period of five years and cause medical problems in recipients of the device.

At the beginning of the Kransky trial on January 25, the court dismissed the strict products liability, negligent recall and unlawful, unfair and fraudulent business practices causes at the request of DePuy. The Kransky’s voluntarily dismissed the loss of consortium cause.

According to court records in the Kransky lawsuit, the DePuy ASR lawyer is expected to argue that Kransky’s preexisting medical conditions caused his illness, not the ASR device that Kransky had removed in 2011. The DePuy ASR lawyer is also expected to argue that Kransky filed the lawsuit in response to information about the DePuy ASR recall they read about on the Internet, not in response to his medical condition.

Johnson and Johnson recalled 93,000 DePuy ASR hip replacement devices in 2010. Side effects were listed as a high device failure rate making corrective surgery necessary and metal poisoning. More than 37,000 of those recalled were located in the United States. Over 10,000 lawsuits are now pending in various United States courts. Approximately 7,000 of the DePuy ASR recall lawsuits have been consolidated in a multidistrict litigation in the United States Circuit Court, Northern District of Ohio.

The Rottenstein Law Group, RLG, is closely following the proceedings in the Kransky lawsuit. Their website provides updates on the DePuy ASR lawsuits. It also provides information regarding side effects of the device and tips on evaluating whether individuals who have had an ASR hip replacement implant should file a lawsuit. The website recommends that individuals contact a hip replacement lawyer if they had any side effects from a DePuy ASR device.

Rochelle Rottenstein, founder of RLG, maintains that determining the truth in each lawsuit is the most important thing. She stated that DePuy should not be held responsible if Kransky’s medical issues were caused by preexisting conditions.