Category: Hot Topics

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.

Read More

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.

Read More

First Yaz and Yasmin Bellwether Trials Scheduled

On October 13, 2010 Judge David Herndon, who is presiding over the federal court YAZ and Yasmin MDL, ordered trial dates for bellwether trials.  The order further identified the order of the three bellwether trials, the dates of the trials, and the claimed injury in the cases.  The schedule is set forth below.

1. The first trial is set September 12, 2011. This will be a pulmonary embolism (PE) case.

2. The second trial is set January 9, 2012. This will be a gallbladder (GB) case.

3. The third trial is set April 2, 2012. This will be an additional thromboembolic (VTE) case.

Read More

Graco Stroller Recall

Graco Stroller Recall 2010 – Newell Rubbermaid’s Graco has announced today that they will be voluntarily recalling over 2 million Graco Quattro Tour and MetroLite strollers after the company discovered that 4 babies were killed between between 2003 and 2005.

According to the Consumer Product Safety Commission, the well known baby product manufacturer is pulling the devices of the shelves because it was revealed that infants can accidentally get strapped inside the strollers and be strangled to death.
The baby product company further explained that when kids are not seated and strapped properly into the strollers, they are able to slide through the opening located between the stroller tray and bottom of the seat, where they can get trapped, suffer mild to life threading injuries or be strangled.

The contraption that are being recalled are the Graco Quattro Tour and MetroLite strollers and travel systems with the following codes 8755, 8324, 4600, 8740, 8994, 8676 and 8910.

The hazardous products were available for purchase in 50 states between November 2000 and December 2007.

Read More

DePuy Recalls 93,000 ASR Hip Implants

In late August, 2010, DePuy Orthapedics, a unit of Johnson & Johnson, announced they were recalling two kinds of hip implants. The Food and Drug Administration had received consumer complaints about the hip implants for the last two years. Since 2008, there have been nearly 400 complaints of device failure.

The hip implant failure resulted in patients needing second painful surgeries to replace the first defective hip implant device. It is estimated that around 93,000 people have received the defective hip implant worldwide.

The two recalled DePuy hip implants are the ASR XL Acetabular System, a hip socket replacement and the ASR Hip Resurfacing System, which is a partial hip replacement and puts a metal cap on the ball of the femur. The Acetabular System has been sold all over the world and the resurfacing system has been in use in countries outside of the US.

The ASR hip implants are part of a larger group of medical devices known as metal-on-metal bearings. These devices have known problems generating debris from wear. Some patients develop tissue damage and inflammation as a result.

Last March, the British agency that regulates medical devices issued an advisory about the ASR problems. DePuy began warning doctors about high failure rates in the hip implant the same month the British advisory came out. Prior to this, DePuy claimed they were phasing out the hip implant device due to slow sales.

Failure rates as high as 12 and 13 percent within five years of the patient receiving the medical device were measured. Some doctors and orthopedic experts have expressed dismay that the hip implants were not recalled sooner.

If you or a loved one have been injured as a result of a DePuy hip implant, you should contact our attorneys today.

Read More