Kreisman Law Offices is reviewing and handling lawsuits on behalf of patients who have suffered infections following knee, hip or other joint replacement surgeries. The lawsuits currently in place allege that 3M’s Bair Hugger warming blanket, which is widely used in hospitals across the country, are the cause of devastating…
Articles Posted in Medical Device Liability
$2.13 Million Jury Verdict for Negligent Use of Synthetic Mesh in Hernia Repair Operation
Barbara Watt underwent a hiatal hernia repair surgery. The procedure was carried out by general surgeon Dr. Cimenga Tshibaka, and it was unsuccessful. Dr. Tshibaka performed a second surgery, this time using a synthetic surgical mesh. The second surgery was about 2 weeks after the first. The following month, Watt…
Metal-On-Metal Hip Implants Enter the Marketplace Without Sufficient Clinical Data
It has been reported that the medical devices that pose the greatest safety risk to patients, including the metal-on-metal hip implants, are allowed into the marketplace without sufficient evaluation for safety and effectiveness. According to a recent New England Journal of Medicine article, it was found that previously cleared medical…
Medical Device Cases Brightened by Recent U.S. Court of Appeals Decision; Stengel v. Medtronic, Inc.
In a 9th Circuit decision handed down in January 2013, the court of appeals found that the Medical Device Amendments (MDA) to the Federal Food, Drug and Cosmetics Act were not a wedge to prevent a plaintiff from making a state negligence claim against Medtronic. In a series of previous cases…
$2 Million Verdict in Retried Bellwether Transvaginal Mesh Trial Against C.R. Bard, Inc.
On July 8, 2013, the U.S. District Court in Charleston, W.Va., started the first bellwether jury trial in the C.R. Bard, Inc. Multidistrict Litigation (MDL). Bard manufactures transvaginal mesh products. Not long after the beginning of the trial, the trial judge declared a mistrial. After opening statements and the testimony of at least…
Cook County Verdict for Physicians in Death Related to Improper Care for Subdural Hematoma
Neal Nuss, age 73, was transported to St. James Hospital in Blue Island, Ill., on Sept. 5, 2006 following an auto accident. Nuss was admitted to the hospital and diagnosed with subdural hematoma; he was evaluated by a neurosurgeon. Over the next three days, doctors determined that the subdural hematoma was…
Inconsistent Expert Testimony Leads to Decision for Doctor; Smeilis. v. Lipkis
The Illinois Appellate Court affirmed a trial judge’s decision in a medical negligence claim brought by Kathleen Smeilis. She developed a progressive neurological condition called cauda equina syndrome, which requires prompt surgical treatment to prevent permanent nerve damage. In this case, Ms. Smeilis was admitted to Glenbrook Hospital in August…
$1.5 Million Jury Verdict for Postop Nerve Damage in Vaginal Prolapse Reconstruction Surgery
As surgical techniques become more advanced, more Americans are undergoing minor surgical procedures. And while many times these surgical procedures result in seemingly miraculous results, with the prior symptoms disappearing completely, some may also result in unanticipated side effects. A recent Cook County lawsuit serves as an example of some…
Illinois Appellate Court Clarifies Discovery Rule – Mitsias v. I-Flow
In Illinois, the statute of limitations governing civil cases, e.g. medical malpractice, product liability, and personal injury cases, is typically two years. However, the Illinois Appellate Court recently revisited exactly when that two-year statute begins in its analysis of the “discovery rule” as it relates to Mitsias v. I-Flow, 2011…
More Bad News for DePuy All-Metal Hip Replacements – British Registry Reports Increased Failure Rates
A recent report by the National Joint Registry for England and Wales brings more bad news for patients who have received DePuy metal-on-metal hip replacements. According to the report, the DePuy metal-on-metal device has failed in over one-third of the British patients who’d received it. While the study does not…