Archive for February, 2012

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29
Feb

Britain Concerned About Hip Implants

For over a year, we’ve been telling you about the problems with metal-on-metal hip replacement devices. Some, such as the DePuy devices by Johnson & Johnson, were recalled due to a higher-than-usual failure rate, causing patients to require second surgeries to replace the replacements. In May 2011, the U.S. Food and Drug Administration (FDA) ordered all producers of “metal-on-metal” hip replacements to study the implants to make sure patients remain as safe as possible.

You can read those earlier blogs here:

Hip Replacements Fail, Sometimes Without Symptoms

Diagnosing Hip Replacement Injury

Now, according to an article in The New York Times, British help regulators recommend that patients in Britain who received metal-on-metal artificial hips — which were also used widely in the United States — should undergo annual examinations for as long as they have the device to make sure they are not suffering tissue damage or other problems. This recommendation was made out of concern that serious problems could surface 15 or even 20 years after the original surgery.

“By monitoring patients every year, any complications will get picked up earlier and more complex surgery on the patient can be avoided,” said Dr. Susanne Ludgate, the clinical director of the Medicines and Healthcare Products Regulatory Agency.

It has been estimated that about 500,000 people in the United States received an all-metal hip during the past 10 years. Thousands of them have been forced to undergo second surgeries to have the replacements replaced. Hundreds have suffered crippling injuries due to the tissue and muscle tissue damage caused by metallic debris shed by the devices.

In the U.S., the FDA is not changing its recommendation that all hip replacement patients undergo “regular” follow-up with their physicians. That’s good advice…and we recommend that these follow-ups occur even if patients don’t think they have any special problem with their hip replacements. Some people with significant damage to the surrounding muscle tissue don’t have any pain until the injury is severe.

If you have had a metal-on-metal hip replacement that failed early, or if you have had tissue damage due to the device and would like to explore your legal options, feel free to contact the attorneys of HensonFuerst. Someone is available 24 hours a day, 7 days a week at 1-800-4-LAWMED…or view our website at http://www.lawmed.com/.

If you have questions, HensonFuerst has answers.

To read the full article in The New York Times, click here:  Britain Extends Monitoring for People with Metal Hips

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23
Feb

Worker Dies At North Carolina Meat Packing Plant

February 23, 2012

A 26-year-old worker at a Clinton, North Carolina, meat packing plant died in a tragic work related accident this past weekend. According to reports from WRAL News, the accident happened this past Saturday, just after 12:30 in the morning at the Smithfield Packing Plant located on E. Railroad Street.

Reports from the Clinton Police Department say that the worker, who had been employed in the plant’s waste water department for less than two years, was cleaning a waste tanker when he was asphyxiated by fumes in the tank and went unconscious. By the time his co-workers found him, the young man was suffering from cardiac arrest. He was taken to the Sampson Regional Medical Center where he later died.

A spokeswoman for the state Department of Labor, Delores Quesenberry, stated that the agency would be testing the air around the tanker to see if the deadly gas methane, which can be emitted from the sludge held in the tank, played any part in the man’s death. If high levels of noxious gases are found around the tank, it could mean that his employer should have supplied him with a breathing apparatus for safety. An autopsy of the victim’s body has also been ordered to determine the cause of death.

The North Carolina workers’ compensation attorneys with HensonFuerst Injury Lawyers send their thoughts to the family of the victim of this tragic accident.

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22
Feb

DePuy Manufacturer Knew of High Failure Rate

In 2010, DePuy Orthopaedics, a division of Johnson & Johnson, sent a letter to doctors announcing a recall of two of their hip replacement systems, the ASR XL Acetabular System, and the ASR Hip Resurfacing System due to their higher-than-usual failure rates. The failures necessitated that patients have a second surgeries to replace the replacement, but some people still ended up with severe tissue damage that left them in pain.

Before the recall, Johnson & Johnson refused to acknowledge that the medical device was flawed. But now, in an article published in The New York Times, it seems that Johnson & Johnson was aware of the high failure rate—and an email stating so was written by a DePuy vice president and sent to top executives in the corporation. In the email, Pamela Plouhar:

…reported that the device had not met F.D.A. approval standards and that a major concern was its high rate of early failure, or “revision,” during clinical trials. She also cautioned that providing the F.D.A. with more data might not change its stance and that it might take years to conduct new studies of the hip, known as the ASR, or articular surface replacement.

In addition, Ms. Plouhar’s email stated that there had been “a significant number of revisions in the ASR group” compared with “very few in the control group.”

That means that the FDA, Ms. Plouhar, and—after the email was sent—other J&J executives all knew that there were significant problems with the hip replacement devices. And yet, the company did not notify doctors or patients about the problems. In fact, they continued marketing and selling the device in the United States and around the world…at least until the recall was announced in August 2010. In all, about 93,000 people received a DePuy hip replacement.

Throughout the episode, DePuy blamed orthopedic surgeons for the model’s failures, saying that doctors were not positioning a component properly. But the clinical findings rejected by the F.D.A. came from A.S.R. studies run by surgeons hand-picked by DePuy, including some who had developed the implant and received royalties or consulting fees in connection with it.

This new information is not going to help Johnson & Johnson’s reputation, which has recently been turning from gleaming to rusty.  Perhaps this is why J&J CEO William C. Weldon announced that he will step down in April. Analysts believe he would rather retire by choice than be forced to resign.

HensonFuerst Video about the DePuy recall:  DePuy Orthopaedics Hip Replacement Recall

If you believe you have been injured by a DePuy hip replacement and would like to discuss your legal options, please feel free to call HensonFuerst Attorneys at 1-800-4-LAWMED, or visit our website at http://www.lawmed.com/. If you have questions, HensonFuerst has answers.

RESOURCES

To read the full story in The New York TImes, click here:  Hip Maker Discussed Failures

To read our blog about the DePuy recall, click here:  DePuy Hip Replacement Recall

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16
Feb

Simulator Teaches Motorists The Dangers Of Texting And Driving

February 16, 2012

In an effort to teach motorists in the Chapel Hill area about the dangers of texting and driving, a simulator was set up on the campus of University of North Carolina, Chapel Hill earlier this week that puts a driver through a series of obstacles while they attempt to use a cellular device. According to reports from WRAL News, the event, which was sponsored by both the town and the town’s police force, was eye opening.

One University freshman who went through the simulator, called DriveSquare, stated that it took her about 10 seconds in the simulator before she crashed. The University’s head football coach who participated reported not faring much better. Both stated the simulator helped them realize that the risk of using a cell phone behind the wheel far outweighs the benefits.

It’s a realization that officials hope more drivers will come to. The state Department of Transportation estimates that 13,000 are injured and 119 die each year in distracted driving crashes.

The event comes just days before a public hearing is to be held to discuss a citywide ordinance that would make all cell phone use illegal while driving. This would be in addition to the statewide ban against texting while driving.

The North Carolina car accident lawyers with HensonFuerst ask that you put your cellphone down while driving, not only for your safety, but for the safety of those around you.

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16
Feb

More Teen Driver Deaths in 2011

A new report by the Governors Highway Safety Association (GHSA) shows that more teen drivers are dying on the road.

Researchers compared the statistics from the first six months of 2010 and the first six months of 2011. Results showed that, nationwide, the number of 16- and 17-year-old driver deaths increased from 190 to 211–an 11% increase. The states that had highest numbers of increased deaths were Illinois (+8), Missouri (+7), Florida (+6), and North Carolina (+6). This means that, sadly, North Carolina contributed to the higher statistics. In fact, our state had a 55% increase in teen deaths for the measured period. Overall, NC had the second-highest total number of deaths (17), after Texas (26).

This is a race we do NOT want to be winning.

According to an article in The New York Times, the trend has been a decrease in teen deaths over the years. That’s why these new numbers are frightening.

“I think it’s going to be a wake-up call,” Dr. Allan Williams, a road safety consultant and the former chief scientist at the Insurance Institute for Highway Safety. Mr. Williams prepared the report released Thursday. “What’s remarkable is that in the last few years, deaths in those age groups plummeted, so even a slight reverse is a matter of concern,” he said.

What’s even worse, past analyses have shown that more road fatalities occurred in the second half of the year than the first half… and overall motor vehicle deaths for all age groups declined 0.9%. This makes the teen death increase highly disturbing.

Troy E. Costales, Chairman of GHSA, said:

“As the parent of a young driver and a soon-to-be-driver, I know firsthand the pressures parents face in allowing their teens behind the wheel. As parents, we must set and enforce strict rules for our new drivers, making sure risks are minimized. This includes limiting other teens in the car, limiting nighttime driving and absolutely prohibiting any type of cell phone or electronic device use while driving.”

Wise words, but follow-through can be difficult. The education process doesn’t stop once a teenager has his or her drivers license.

What do you do to encourage your child to drive safely? Please post your thoughts on our Facebook page: (http://www.facebook.com/HensonFuerst)

RESOURCES

To read the full article in The New York Times, click here:  Fatalities among teenage drives rose in first half of 2011

To see full report by the GHSA, including a state-by-state chart of numbers, click here:  Teenage driver fatalities by state

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15
Feb

High-Failure Hip Replacements Sold Overseas

On August 24, 2010, DePuy Orthopaedics, a division of Johnson & Johnson, sent a letter to doctors announcing a recall of two of their hip replacement systems, the ASR XL Acetabular System, and the ASR Hip Resurfacing System. Why? Because they have a higher-than-usual failure rates, causing people to have to have second surgeries to replace the replacement. Since then, we’ve written extensively about DePuy and other metal-on-metal hip replacement devices, and the sometimes-extensive destruction they can cause in the human body.

Now, The New York Times reveals that Johnson & Johnson continued to market the defective devices in Europe and elsewhere overseas. In addition, the company also continued to sell a related model in the United States, which earlier went on the market using a regulatory loophole. However, the U.S. Food and Drug Administration (FDA) wrote a confidential letter to Johnson & Johnson in August 2009 basically saying that the agency couldn’t determine the implant’s safety and effectiveness, and therefore couldn’t approve it for sale in the U.S.

According to the article:

There is no suggestion that Johnson & Johnson broke the law. Regulatory standards in other countries, like those in Europe, for approving the sale of medical devices are typically lower than here. A spokeswoman for a British regulatory agency, the Medicines and Healthcare Products Regulatory Agency, said that companies like Johnson & Johnson were not required to notify it when the F.D.A. refused to approve a product that was used in patients there.

However, the F.D.A.’s rejection may further deepen the company’s legal and financial problems surrounding the ASR. Last month, the company took a special $3 billion charge, much of it related to anticipated legal and medical expenses associated with the recall. An estimated 5,000 lawsuits involving the device are pending, including some from patients crippled by tiny particles of metallic debris shed by the implants.

There seem to be two moral issues at stake here:  The morality of Johnson & Johnson continuing to sell a product that was clearly raising safety flags…and the morality of the FDA, which keeps its evaluations secret and confidential. A lawyer who specializes in FDA regulation said that companies that withhold a non approval letter containing important safety information could face damage to its brand. Funny, that doesn’t seem quite as important as the damage done to the unwitting patients who received these potentially harmful devices. And if the FDA is keeping secrets on behalf of corporations, who is looking out for our health?

To read the full article in The New York Times, click here:  Hip Implants U.S. Rejected Sold Overseas

If you believe you have been injured as the result of a metal-on-metal hip implant and would like to investigate your legal options, feel free to contact HensonFuerst Attorneys at 1-800-4-LAWMED, or visit our website at http://www.lawmed.com/.

Previous HensonFuerst blogs:

DePuy Hip Replacement Recall Raises More Questions

Hip Replacements to be Evaluated for Safety

Hip Replacements Fail, Sometimes Without Symptoms

Diagnosing Hip Replacement Injury

VIDEO: DePuy Hip Replacement Recall (http://www.youtube.com/watch?v=18BkrJnKf3g)

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9
Feb

NC State Bus Driver Died Of Carbon Monoxide Poisoning

February 9, 2012

A 50-year-old bus driver for the North Carolina State University died of carbon monoxide poisoning on her bus. According to reports from WRAL News, the woman had made numerous complaints before passing away that she smelled fumes on the bus.

On December 21 of last year, two other drivers made complaints of smelling fumes on the same bus. Hours later, the 50-year-old woman pulled the bus over on the University’s Centennial Campus and called 911. She was taken to a local hospital where she died three days later form what coroners have determined was carbon monoxide poisoning.

The bus company, First Transit, confirmed that the vehicle was taken out of commission pending an investigation by the North Carolina Department of Labor.

This isn’t the only incident though. Last month, another driver and several of the bus’s passengers complained of smelling fumes while riding. Although the company’s maintenance department examined the bus, they found nothing wrong and the vehicle continues to run.

Another driver reported quitting the company in the months prior to the death of her colleague because she felt the managers were not properly addressing safety concerns after she made numerous complaints of the fumes and nothing was done.

The North Carolina toxic exposure attorneys with HensonFuerst often handle numerous cases where people have been hurt or killed by poisons in their environment. If dangerous toxins have caused you harm, we may be able to help.

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2
Feb

Pfizer, Inc. Recalls One Million Birth Control Pill Packets

February 2, 2012

The Drug manufacturing giant, Pfizer, Inc., announced a recall of nearly one million packets of birth control pills Tuesday due to a manufacturing mix-up that could put women at an increased risk of unwanted pregnancy. Reports form WRAL News say that 14 lots of Lo/Ovral-28 tablets and another 14 lots of Norgestrel and Ethinyl Estradiol tablets had placebo tablets placed in the wrong order the tablets are to be taken in.

The mix-up was discovered last year when a customer called after noticing the pills were in the wrong order. The company fixed the problem immediately. Then, in December, Pfizer contacted pharmacies asking them to pull the specific recalled lots from the shelves. The recall was announced publicly on Tuesday only after the Food and Drug Administration (FDA) made a request that Pfizer do so. Women who have been using affected pills are advised to begin use other forms of contraception immediately.

Experts say that the manufacturing mix-up could put the drug-maker at risk of a multi-million dollar lawsuit. An article by FOX News says the lawsuit could stand on the same grounds as several lawsuits in the past that have been won after a man’s vasectomy did not take and his partner became pregnant.

The North Carolina drug injury lawyers with HensonFuerst are here to answer any questions you may have if you have been affected by a mistake or side effect of a medication prescribed to you by a doctor.

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1
Feb

NC Troopers Crack Down on Distracted Drivers…Finally!

from WRAL.com

Wednesday, February 2, is Groundhog Day. Two important things will be happening:  Puxatawny Phil and groundhogs everywhere will be looking for their shadow… and NC State Troopers will begin cracking down on distracted drivers.

According to an article on WRAL.com, nearly 58,000 people are involved in a distracted-driving crash in North Carolina every year…more than 13,000 are injured…and 119 people die. Got that? People die because someone is texting (even though texting is illegal), or talking on a cell phone, or reading, or eating, or adjusting the radio, or applying makeup.

“I see a lot of people driving with their elbows on the steering wheel, texting with one hand,” Highway Patrol Sgt. Jeff Gordon said.

Troopers will be conducting a two day campaign, looking for distracted drivers. They will focus on portions of Interstates 95, 85 and 40 from the Virginia state line through Wake, Durham, and Johnston counties.

It’s a shame that we need a special campaign to stop distracted drivers. People shouldn’t die because another driver decides to answer a phone call.

To read the full article on WRAL.com, click here:  Crack Down

If you have been involved in a car wreck and would like to discuss your legal options, please visit the HensonFuerst Attorneys website at http://www.lawmed.com/north-carolina-auto-accident-lawyer.php. If you have questions, HensonFuerst has answers.

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