DePuy Hip Implant Litigation Growing

The DePuy Hip Implant litigation continues to grow. In December 2010, the court approved a multidistrict litigation (MDL) for the cases filed in federal court. State class actions cases have been filed in Ohio and California.  In August 2010, Depuy recalled 93,000 hip implants.  The hip implants have a higher failure rate than other hip replacement devices. One out of eight patients has had to undergo a second hip replacement surgery due to the defective implant. Besides the high failure rate, the device also may cause elevated levels of cobalt and chromium in the body which can develop into metallosis – a buildup of metallic debris in soft tissues. It is believed that the metal on metal design of the hip implant is causing the metallosis.

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Attorney James Sabatini Prevails Before The Connecticut Supreme Court

Attorney James Sabatini has prevailed before the Connecticut Supreme Court in the case entitled Shortell v. Cavanagh.  The case involved injuries suffered by a client during a dental procedure.  The injuries involve significant nerve damage.  A complaint was filed against the dentist and the complaint alleged failure to obtain informed consent. Defendant moved to dismiss the case on the grounds that a written opinion letter from a similar health care provider was not attached to the complaint.  Attorney Sabatini objected to the motion on the grounds that the statute (C.G.S. Sec. 52-190a) requiring a written opinion letter to be attached to medical malpractice lawsuits does not apply to informed consent claims.  The trial court granted the motion to dismiss.  Attorney Sabatini appealed and the Connecticut Supreme Court agreed with Attorney Sabatini’s legal position.  The Court held that 52-190a does not apply to a claim of lack of informed consent. The statute only applies to medical negligence claims and medical negligence claims as that term is used in 52-190a only pertain to claims where the standard of care and deviations from the standard of care are established and judged by an expert standard.  Informed consent claims are judged by a lay standard.

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Attorney James Sabatini Reaches Settlement In Car Accident Case With No Police Report

Attorney James Sabatini recently obtained a car accident settlement for his client.  The accident was a minor fender bender.  There was no police report. In fact, the police were not called to the accident scene. The client saw his doctor for a neck injury about 30 days after the accident.  He had a prior neck injury. He was assigned a 5% whole person impairment. The case settled for $37,500.00.  This result demonstrates that despite having minimal property damage and delayed medical treatment, a good settlement can still be obtained if proper and thorough legal work is put into the case and the client is very credible.

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Fell On Ice During a Storm – Do I Have a Case?

If you have been injured as a result of a fall caused by ice, you may have a case even if the fall occurred during a snow storm.  A property owner is not required to keep the sidewalks, driveways and parking areas clear of snow and ice during a storm.  Therefore, if your fall was caused by ice that is accumulating or forming during a storm, there is no case.  However, if you fell on “old” ice even during an active snowstorm, you have a case. 

You have a case because the ice that caused you to fall existed prior to the current snow storm.  Furthermore, due to recently fallen snow, the “old” ice has been covered up making it impossible for you to detect the ice before stepping on it.  If you suspect that “old” ice caused your fall, you should contact our attorneys immediately.

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Darvon and Darvocet Injuries

Xanodyne Pharmaceuticals Inc. the maker of Darvon and Darvocet, the brand version of the prescription pain medication propoxyphene, has agreed to withdraw the medication from the U.S. market at the request of the U.S. Food and Drug Administration. The FDA also informed the generic manufacturers of propoxyphene-containing products of Xanodyne’s decision and requested that they voluntarily remove their products as well. The FDA sought market withdrawal of propoxyphene after receiving new clinical data showing that the drug puts patients at risk of potentially serious and even fatal heart rhythm abnormalities. As a result of the data and other information, the FDA decided that the risks of the medication outweigh the benefits. Studies show that, even when taken at recommended doses, propoxyphene causes significant changes to the electrical activity of the heart. These changes, which can be seen on an electrocardiogram (ECG), can increase the risk for serious abnormal heart rhythms that have been linked to serious adverse effects, including sudden death. The available data also indicate that the risk of adverse events for any particular patient (even patients who have taken the drug for many years) is subject to change based on small changes in the health status of the patient, such as dehydration, a change in medications, or decreased kidney function.

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