Uncategorized | The Alabama Injury Blog

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Aug

Calaxo Screw Injuries – ACL and Knee Surgery Complications

I think it is safe to say that most of us, when given the option, would rather not have something permanently implanted in our bodies. Medical device companies understand this preference and thus, have been increasing their exploration into the market of absorbable implants. The premise behind most of these ‘absorbable’ products is that the device retains its physical characteristics long enough to serve its utility and then is absorbed by the body after a certain period of time.

Without getting into too much detail, most of these absorbable (or resorbable) implants are made from organic macromolecular compounds such as polyglycolic or polylactic acid, which are and absorbable by the body. They also possess the chemical and physical properties necessary for internal fixation devices.

An example of one of these resorbable products is the CALAXO screw made by Smith and Nephew. This screw is used in knee surgery in place of a titanium screw to secure a graft in ACL reconstruction. The screw is resorbed by the body over the course of the next 12 months, and compounds within the screw stimulate the natural process of bone formation in its place. The new bone fills the tunnel where the surgeon originally placed the screw, and promotes the ossification of the graft.

Unfortunately, the Calaxo screw did not enjoy the success of some other resorbable implant devices. Smith & Nephew Endoscopy initiated a voluntary recall of CALAXO Bioresorbable Interference Screws in August, 2007 after receiving reports of knee swelling at the site of the implant. In most instances the swelling can be reduced by aspiration at the site of the swelling. Unfortunately, if the symptoms are severe enough, further surgical procedures on the knee area may be required. The remaining screw fragments or any resulting bony growth may have to be removed surgically. There is also the possibility that surgical grafting may be required or replacement hardware implanted.

If you’ve suffered from the use of a Calaxo screw in your ACL surgery, the Calaxo lawyers at Cory Watson Crowder & DeGaris may be able to help you. Call today to discuss your concerns. You may be eligible to recover compensation for your physical, emotional and financial losses. Call toll free (800) 852-6299 or email attorney Stephen Hunt: shunt@cwcd.com.

May

HYDROXYCUT® products RECALLED due to risk of serious liver injury.

Hydroxycut® dietary supplement and weight loss products were recalled on May 1, 2009 by the manufacturer and distributor because of an association with serious liver injuries, including death due to liver failure. The Food and Drug Administration issued a warning to consumers to immediately stop use of all Hydroxycut products, and posted a letter to all Health Care Professionals, warning of a potential risk of severe liver injury from the use of these products. Reported adverse events included hyperbilirubinemia, jaundice, liver damage, liver transplant and death. None of the 23 reported cases had any risk factors or diseases associated with liver disease or injury. In some instances, discontinuation of the Hydroxycut product resulted in recovery of liver function.

Hydroxycut® is distributed by Lovate Health Sciences, Inc. of Oakville, Ontario and Iovate Health Sciences USA, Inc. of Blasdell, New York. It is reported to be the number one selling over-the-counter dietary supplement for weight loss in the United States. The list of recalled products includes:

 Hydroxycut Regular Rapid Release Capsules
 Hydroxycut Caffeine-Free Rapid Release Caplets
 Hydroxycut Hardcore Liquid Caplets
 Hydroxycut Max Liquid Caplets
 Hydroxycut Regular Drink Packets
 Hydroxycut Caffeine-Free Drink Packets
 Hydroxycut Hardcore Drink Packets (Ignition Stix)
 Hydroxycut Max Drink Packets
 Hydroxycut Liquid Shots
 Hydroxycut Hardcore Ready-to-Drink (RTD)
For additional information regarding litigation and the Hydroxycut recall contact attorney Annesley H DeGaris adegaris@cwcd.com or JC Conlin jconlin@cwcd.com or phone 800-852-6299.

Apr

Chinese Drywall Damage and Injuries- Alabama Lawyer

Attorneys at Cory Watson in Birmingham, AL are investigating claims on behalf of innocent homeowners and building contractors for injuries, damages, and destruction caused by defective Chinese Drywall. Attorney Kristian Rasmussen said, “we have organized a team of attorneys to investigate these claims for innocent homeowners … we will hold these rogue companies accountable.” The defective Chinese Drywall is used in home construction and has been linked to causing illness, injury and property damage. Although the full extent of injuries and damage caused by the defective drywall is not yet know, Rasmussen said, “at the very least, innocent, hardworking homeowners should not be forced to pay the replacement costs and loss of property value.” Critics of the drywall also charge it can cause nosebleeds, respiratory problems, depressed immune system, etc. One of the companies named in litigation is Knauf Plasterboard Tianjin, Co., but other manufacturers are expected to be named in additional lawsuits. For more information about Chinese Drywall litigation contact attorneys Kristian Rasmussen, krasmussen@cwcd.com or Alyssa Daniels, adaniels@cwcd.com or phone (800) 852-6299.

Mar

Supreme Court says companies responsible for their actions

Opinion Piece published in The Birmingham News

Sunday, March 29, 2009 ERNEST CORY and LEILA H. WATSON
Accountability. If a company manufactures what it knows to be a potentially dangerous drug and sells it without adequate instruction of how to use it safely, the manufacturer should be held accountable when a patient is harmed because the instructions were deficient.

Earlier this month, the U.S. Supreme Court held in a 6-3 decision of Wyeth v. Levine, that this basic rule of accountability, which we were all taught, and which we have all passed on to our own children, also applies to corporate drug manufacturers: You are responsible for your own actions.

Diana Levine, suffering a migraine headache, went to a Vermont medical clinic for a treatment she had received many times: Demerol for pain and Phenergan for nausea. On this occasion, however, the medications were administered by “IV push.” The Phenergan was exposed to arterial blood, and caused swift and irreversible gangrene. Levine’s right hand and forearm had to be amputated. Wyeth, the manufacturer, knew that Phenergan should not be administered by IV push because of this very risk, yet failed to warn doctors against it.

Wyeth argued that the Food and Drug Administration is responsible for the labeling on Phenergan and all other pharmaceuticals sold in the United States, and therefore no drug company can ever be sued for mistakes and failures in the labels and warnings. Wyeth wanted legal immunity for any harm caused by its products, even in cases like Levine’s lawsuit, where the patient could prove Wyeth knew of the undisclosed risks.

The Supreme Court disagreed.

Recognizing that the FDA is underfunded and overworked, the Supreme Court said “the FDA has limited resources to monitor the 11,000 drugs on the market, and manufacturers have superior access to information about their (own) drugs.” The court specifically said drug manufacturers, not the FDA, bear the primary responsibility at all times to ensure that instructions and warnings are complete and accurate. Drug companies – corporate America – must live by the same rules we do: Each of us is responsible – and accountable – for our own actions.

By sweeping aside legal immunity and federal pre-emption, the Levine decision restored the important role of jury trials. Filing a lawsuit and trying your case to a jury has been the foundation of our civil justice system since the drafting of the Constitution. But over the past decade, there has been a concerted effort, mostly by insurance companies, big tobacco, oil companies, multinational corporations and the George W. Bush administration, to discredit juries and the verdicts they reach.

Wyeth argued to the Supreme Court that a civil jury should not undermine the work of the FDA to approve drug warnings, and that the FDA was an agency of experts and no civil jury of lay people should be allowed to second-guess the agency decisions to approve drug labels. In fact, as pointed out by the Supreme Court, the FDA relies on the civil justice system to provide “an additional, and important, layer of consumer protection that complements FDA regulation.”

Lawsuits and jury trials have produced evidence for public review of drug hazards even after the particular product has been approved by the FDA. Vioxx, the blockbuster pain reliever manufactured by Merck & Co. Inc. is just one such example of a drug whose dangers were uncovered after injured patients hired attorneys. The lawyers opened up millions of pages of studies, documents and memos to experts and discovered that Vioxx caused an increased risk of heart attack and stroke, all of which led to the removal of Vioxx from the market, and the addition of strong warnings on other drugs in the same class.

No one should be able to act irresponsibly, cause harm and never face a jury to answer for his conduct. The Levine decision puts drug companies on the same level as the people who are harmed by their products and as those who sit on the juries. Ernest Cory and Leila H. Watson are founding shareholders of Cory Watson Crowder & DeGaris, a Birmingham law firm known for its work as plaintiff attorneys in product liability and mass torts cases involving the pharmaceutical industry, medical device manufacturers and manufacturers of consumer products. E-mail: corywatson@cwcd.com.

© 2009 The Birmingham News. All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.

Feb

Federal Yamaha Rhino Rollover Lawsuits Consolidated

(BIRMINGHAM, Al) Feb. 16, 2009 Attorneys representing Yamaha Rhino rollover victims are praising the decision to consolidate all Federal lawsuits involving the popular Yamaha Rhino Utility Terrain Vehicle. The United States Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all Yamaha Rhino rollover Federal lawsuits be consolidated before a single judge. The cases are being assigned to a Federal Judge in Kentucky according to the JPML Transfer Order dated February 13, 2009. The action centralizes the Federal suits into Multidistrict Litigation (“MDL”) so that all pretrial discovery and litigation from all Federal Rhino cases will be heard in one court.

“This brings us closer to achieving justice for those killed or injured in Yamaha Rhino rollover accidents”, said attorney Jason Shamblin of Cory Watson Crowder & DeGaris. “It is a big step toward improving public safety.” Shamblin and lawyers at Cory Watson Crowder and Degaris are representing more than 150 people hurt in Rhino accidents in more than 35 states. Lawsuits filed against Yamaha allege the Rhino is prone to rollover accidents, and because of defects in its design, may result in broken or crushed arms, legs, feet, and ankles.

“Hundreds of people have suffered devastating, life-changing injuries and many have died because of the design defects in the Yamaha Rhino. The company must be held accountable”, said Shamblin who notes that the lawsuits allege Yamaha knew of the dangers, yet failed to adequately warn consumers. Shamblin and other attorneys representing Rhino rollover victims had asked the courts to consolidate the Federal cases. The Federal action does not affect the status of Yamaha Rhino rollover cases filed in state courts around the U.S. For a confidential case evaluation, please contact rhino@cwcd.com.

Dec

“Justice delayed is justice denied.” Wm. E. Gladstone (1809-1898)

“Justice delayed is justice denied.” Wm. E. Gladstone (1809-1898)

Imagine being traumatically harmed by a defective product or in a tractor trailer accident and seeking redress by the only means available – by the filing of a lawsuit against the business or person responsible. Imagine the bills arriving every week for thousands of dollars for the hospitals, doctors, rehabilitation, and nursing services required to recover from the injuries, and imagine the days and months of unemployment and no paychecks to pay for medical care, utilities, food, and all the necessities of life. And while this onslaught is crashing over you, you are waiting for a trial date, waiting for resolution and compensation from the responsible party, so you can move on with your recovery and your life.

Read the rest of this entry »

Nov

Yamaha Rhino accidents target of federal safety probe- Wall Street Journal confirms vehicle included in Utility Terrain Vehicle investigation

The Wall Street Journal reported today that the Consumer Product Safety Commission is investigating the popular Yamaha Rhino off-road vehicle and other Utility Terrain Vehicles or UTVs. The Yamaha Rhino is blamed for causing hundreds of catastrophic injuries and 30 deaths. More than two hundred lawsuits have been filed against Yamaha. Read the rest of this entry »

Oct

Defective products and poorly maintained property are blamed in fires, burn injuries and deaths

Fires and burn injuries can be devastating both physically and emotionally; thousands of burn injuries and deaths occur each year. Statistics reveal that every 19 seconds a fire department responds to a fire somewhere in the United States. Those most vulnerable to suffer injury or death in a fire are children younger than 5 and adults over 65.

Fires have many causes including defective products and improperly maintained property. In addition to causing irreplaceable property loss, fires can also cause burn injuries that are disfiguring, painful, and even deadly. The United States has the highest rate of fire-related deaths in the developed world. If a manufacturer creates a defective product or if a property owner is negligent in the maintenance of the premises and that negligence results in a fire, those parties can be held responsible for your injuries. If you or someone you love has been injured in a serious fire in Alabama or anywhere else in the United States, or otherwise suffered burn injuries resulting from someone else’s negligence, you may be entitled to compensation. Contact an Alabama burn injury lawyer at Cory Watson. Our office is located in Birmingham and we are able to represent clients across the entire U.S. and internationally.

Oct

State Trooper seeks justice after being injured by drunk driver on Alabama roadway

Cory Watson Crowder & DeGaris attorney Annesley DeGaris is representing an Alabama State Trooper who suffered serious injuries when struck by a drunk driver on an Alabama roadside. ” This trooper suffered serious injuries in a drunk driving crash- the type of auto accident that has become all too common on Alabama highways”, said DeGaris.

Oct

Disclaimer

To the extent the State Bar rules require us to designate a principal office and/or single attorney responsible for this site, Cory Watson Crowder & DeGaris, P.C., designates Hirlye R. “Ryan” Lutz, III as the attorney responsible for this site. He is located at 2131 Magnolia Avenue, Suite 200, Birmingham, Alabama 35205.

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