Month: April 2017

Hernia Mesh Litigation

Hernia Mesh Litigation Update

Since the mid-2000s, the U.S. Food and Drug Administration (FDA) has recalled many hernia mesh products for being unreasonably dangerous. These dangerous medical devices have led to serious injuries for thousands of patients who underwent hernia surgery. Now, lawsuits against major medical device manufacturers like Johnson & Johnson subsidiary Ethicon Inc., Atrium Medical Corporation, and C.R. Bard subsidiary Davol Inc. strive to hold these companies responsible for producing unreasonably dangerous devices.

Physiomesh Lawsuits

Ethicon voluntarily recalled its Physiomesh hernia mesh products in May 2016 because the devices were prone to failure, which could cause hernia recurrence and other serious side effects requiring additional surgeries. Patients who have experienced complications from the Physiomesh device have filed lawsuits in both state and federal courts around the country.

In March, several plaintiffs requested Physiomesh lawsuits be consolidated into a multidistrict litigation (MDL) in a Florida court where four lawsuits have already been filed. Although Ethicon opposed consolidation, granting MDL status would promote efficiency and the parties a faster track to a resolution.

C-Qur Lawsuits

The C-Qur hernia mesh produced by Atrium Medical Corporation has been on the market since 2006. However, beginning in 2012, the FDA repeatedly issued warnings over C-Qur’s unsafe and unsanitary manufacturing process. After years of failing to comply, in 2015 the FDA issued a permanent injunction preventing Atrium from producing unsafe products.

In December 2016, the United States Judicial Panel on Multidistrict Litigation ordered the C-Qur hernia mesh lawsuits consolidated in MDL 2753. Over 300 cases are currently undergoing pretrial proceedings in a New Hampshire court.

Kugel Mesh Lawsuits

Davol’s Kugel Mesh products are some of the most widely used. However, the Kugel Mesh has been the subject of multiple recalls dating as far back as 2005. Despite this, the product remains on the market today and is still used in hernia repair surgeries across the country.

In 2011, Davol paid out nearly $185 million to settle approximately 2,600 hernia mesh lawsuits. However, the company left over 1,000 hernia mesh lawsuits unresolved. The company still faces thousands of lawsuits in MDL 1842 in Rhode Island.

Canadian Patients File Class Action

Like their American counterparts, Canadian patients also suffered serious side effects from defective hernia mesh products. This led to several patients filing a class action lawsuit against Physiomesh manufacturer Ethicon. Canadian patients reported suffering similar side effects from defective hernia mesh and allege Ethicon failed to warn them of the serious risks.

Raizner Slania: Hernia Mesh Injury Lawyers

Manufacturers of hernia mesh have known their products are dangerous for years, but they continue to produce defective devices. If you or someone you love had hernia mesh surgery and then had to undergo additional surgery due to complications, the experienced hernia mesh attorneys at Raizner Slania can help. It is not necessary to know the type of mesh used during your surgery. Call us today to schedule a free consultation to discuss your legal options.

College Football Concussion Injury Attorneys

Former Idaho Student Files NCAA Concussion Injury Suit

Raizner Slania filed a lawsuit on behalf of a former University of Idaho football player against the National Collegiate Athletic Association (NCAA) and the Sun Belt Conference (Sun Belt) for failing to adequately protect student-athletes from the long-term consequences of repeated concussions.

The plaintiff played college football for the University of Idaho as a cornerback from 2000 to 2003. He also played on the Idaho Vandals special teams. The plaintiff remembers suffering at least five concussions during his time playing college football. In particular, he suffered one concussion so severe he needed to be hospitalized.

During the plaintiff’s time playing Idaho college football, there were no adequate concussion management protocols or policies in place to address and treat concussions sustained by student-athletes during practice and in games.

Even though the plaintiff suffered repeated concussions and sub-concussive hits, the NCAA and Sun Belt failed to adopt adequate concussion management protocols or return to play guidelines. Not only was the plaintiff returned to the field of play every time he suffered a concussive or sub-concussive hit, the NCAA and Sun Belt also deprived him of the medical treatment needed to protect student-athletes from the long-term risks associated with traumatic brain injuries (TBIs).

As a result of his time playing football for the University of Idaho, the plaintiff now suffers from dizziness, fatigue, headaches, memory loss, sensitivity to light, and other debilitating issues.

The Effects of CTE

Chronic traumatic encephalopathy (CTE) is a progressive degenerative disease caused by repeated impacts to the head. Each time a person receives an impact to the head, it shakes the brain inside the skull. This movement can cause damage to the brain, and even cause brain cells to die. When brain cells die, they release a protein that can cause cell death in other brain cells.

Many football players with CTE do not begin to experience symptoms until many years after they have ceased playing the sport. Symptoms like rage, impulsivity, and depression can be among the first symptoms a person with CTE experiences. As the condition progresses, individuals will begin to suffer from memory loss and confusion and can eventually develop dementia and/or suffer from other cognitive dysfunctions.

Raizner Slania: College Football Concussion Injury Attorneys

The lawyers at Raizner Slania are leading the college football concussion lawsuits, helping college athletes from around the nation recover damages for head injuries suffered during sports play. If you or someone you know played football in college and suffered concussions, contact us today for a confidential free consultation.

NCAA and SEC Concussion Lawsuit

Former Alabama Football Player Files NCAA and SEC Concussion Lawsuit

Raizner Slania filed an NCAA and SEC concussion lawsuit on behalf of a former University of Alabama for their reckless disregard for the health and wellbeing of its student athletes.

The plaintiff played college football for the University of Alabama as a tight end from 2005 to 2007. He recalls suffering as many as 10 to 15 concussions while playing football for the university. In one instance, he remembers being sidelined during practice because he was seeing “confetti” when he closed his eyes, his ears were ringing, and he had a pounding headache after a series of hits while doing board drills. Unfortunately, the plaintiff remembers suffering from these symptoms on a regular basis while playing in games and practices.

Since the inception of Alabama’s college football program – through at least 2010 –no adequate concussion management protocols or policies existed to address and treat concussions sustained by student-athletes during practices and in games. Although the plaintiff sustained repetitive concussive and sub-concussive hits in practices and games for their profit and promotion, the NCAA, and the SEC failed to adopt or implement adequate concussion management safety protocols or return to play guidelines during his time on Alabama’s college football team.

As a result, the plaintiff now suffers from seizures, migraines, extreme light sensitivity, and other debilitating issues.

The NCAA, its conferences, and its universities had a responsibility to safeguard the health and wellbeing of student athletes. Despite governing over 400,000 student athletes across the nation, the NCAA put profits before players in its handling of concussions and traumatic brain injuries (TBIs).

The SEC is one of the most profitable NCAA athletic conferences. In 2015 alone, the SEC distributed $455 million to its 14 member schools. But despite its financial success, very little care has been taken to protect students from the long-term consequences of concussions.

NCAA and SEC Concussion Lawsuit Attorneys 

If you or someone you love sustained a concussion while playing college football for an NCAA regulated university or conference, you may have a legal claim for damages. Contact the experienced NCAA concussion law firm of Raizner Slania today to for a free consultation to discuss your case.

bair hugger infection

Raizner Slania Files 3M Bair Hugger MRSA Infection Lawsuit On Behalf of Ohio Couple

Raizner Slania filed a 3M Bair Hugger MRSA infection lawsuit on behalf of a Ohio couple after the wife suffered a severe infection from the device. The couple believes 3M Company and Arizant Healthcare failed to adequately warn them of the infection risks associated with their dangerous medical device.

In July 2015, the plaintiff underwent a total knee arthroplasty during which the Bair Hugger warming blanket was used throughout the scope of her procedure. The Bair Hugger device caused contaminants to be introduced into the plaintiff’s open surgical wound. These contaminants caused her to develop a deep joint infection (DJI). The pathogen responsible for the infection was identified as Methicillin-resistant Staphylococcus aureus, more commonly known as MRSA.

MRSA is a type of Staph infection that is incredibly dangerous because it is resistant to many antibiotics typically used to treat infections. Because MRSA is difficult to treat, patients often experience a variety of serious and life threatening side effects, including sepsis, pneumonia, and bloodstream infections, among others. MRSA infections are particularly dangerous for hip and knee implant patients, and can require complete amputation of the affected limb to fight the infection.

As a result of the MRSA infection caused by the Bair Hugger, the plaintiff was forced to undergo multi-staged removal and revision arthroplasties, placement and removal of an antibiotic spacer, multiple aspirations, and long-term PICC line antibiotics.

The plaintiff not only suffered physically from her infection, but also suffered economically both with the cost of extensive medical treatment and lost wages. The Ohio couple alleges the Bair Hugger warming blanket is defective in design and manufacture and is unreasonably dangerous. The plaintiffs also assert 3M and Arizant committed consumer fraud and/or unfair and deceptive trade practices under Ohio law. 

Raizner Slania: 3M Bair Hugger MRSA Infection Lawsuit Attorneys 

If you or someone you love suffered an infection after hip or knee replacement surgery within the last five years, you may be eligible to receive compensation. Call the experienced defective medical device attorneys at Raizner Slania today to learn your legal options. We offer free consultations and you won’t owe us anything unless we help you recover financially.

NCAA Concussion Lawsuit Attorneys

Raizner Slania Files NCAA Concussion Lawsuit on Behalf of Former Notre Dame Player

Raizner Slania filed a lawsuit on behalf of a former college football player against the University of Notre Dame du Lac (Notre Dame) and the National Collegiate Athletic Association (NCAA) for their reckless disregard of the health and well being of their student athletes.

The plaintiff played for Notre Dame as a cornerback from 2007 to 2011. He remembers suffering from a number of concussive and sub-concussive hits during his time playing college football for the university. Unfortunately, the NCAA failed to provide appropriate medical treatment following these incidents. Every time he suffered a concussive or sub-concussive hit, he was told to “shake it off” and was immediately put back into the game.

Since the inception of the Notre Dame football program to at least 2010, there were no adequate concussion management protocols or policies in place to address and treat concussions sustained by student athletes during practices and games.

Each time the plaintiff suffered a concussive or sub-concussive hit, the NCAA and Notre Dame deprived him of the medical treatment they knew was necessary to monitor, manage, and mitigate the risks associated with traumatic brain injuries (TBIs). As a result, the plaintiff now suffers from mood swings, anxiety, depression, and other debilitating medical issues.

Don’t Helmets Protect Football Players?

Helmets do not protect football players from concussions and traumatic brain injuries. A concussion occurs when a sudden movement or force of the head causes the brain to collide with the inside of the skull. This can cause bruising, shearing, stretching, and other harmful effects on the brain, which can kill brain cells and cause permanent and debilitating side effects. While a helmet may protect a football player from fractures on the skull or lacerations, it cannot prevent the brain from moving around inside the skull.

Raizner Slania: NCAA Concussion Lawsuit Attorneys

If you or someone you love sustained a concussion while playing college football for the University of Notre Dame or any other NCAA regulated team, contact the concussion lawsuit attorneys at Raizner Slania today. Our consultations are free and you won’t owe us anything unless we help you recover compensation.

3M Bair Hugger lawsuit

South Carolina Couple Files 3M Bair Hugger Lawsuit After Infection

Raizner Slania filed a 3M Bair Hugger lawsuit on behalf of a South Carolina couple after the husband sustained a severe infection from the Bair Hugger warming blanket.

In August 2013, the plaintiff underwent a right total knee replacement in which the Bair Hugger device was used throughout the scope of the procedure to regulate body temperature. However, the device introduced contaminants into the plaintiff’s open surgical wound that caused him to develop a periprosthetic joint infection (PJI), more commonly referred to as a deep joint infection (DJI). The pathogens identified were gram positive cocci, coagulase negative staphylococcus, and enterobacter.

Gram positive cocci is a type of bacteria responsible for many serious infections. This type of bacteria is resistant to some of the antibiotics used to treat infections, making it a very dangerous infection for patients. Coagulase negative staphylococcus is a type of Staph infection that is common among patients with implanted medical devices. If left untreated, coagulase negative staphylococcus can prove to be fatal. Enterobacter is a type of bacteria that can cause a variety of infections requiring prolonged hospitalizations to treat.

As a result of the infection caused by the Bair Hugger warming blanket, the plaintiff was forced to undergo irrigation and debridement with hardware exchange, aspiration, and long-term PICC line antibiotics treat the infection.

Not only has the plaintiff suffered physically because of the Bair Hugger device, but he has also suffered economically. He has extensive medical bills because of the prolonged treatment.

The South Carolina couple believes the Bair Hugger device is defective in design and manufacture and that 3M Company and Arizant Healthcare failed to warn them of the dangers associated with the device. In addition, they claim the companies committed consumer fraud and/or unfair and deceptive trade practices under South Carolina law.

3M Bair Hugger Lawsuit 

If you underwent hip or knee replacement surgery and developed an infection, contact the experienced defective medical device attorneys at Raizner Slania today. We can help you understand your legal options and pursue compensation on your behalf. Call us today to schedule a free consultation to discuss your case.