Urgent Recall for LFIT Anatomic CoCr V40 Femoral Heads
For millions of Americans, hip replacement devices from Stryker, Depuy, Wright and Zimmer promised mobility and relief, but due to these companies’ defective medical devices, many patients have been left crippled and facing painful revision surgeries. Revision surgeries carry with them far more complications, or compound morbities, than initial implant surgeries. It is absolutely mandatory that when a medical device is implanted, it is the proper device and free of defects due to the difficulties associated with revision surgeries.
Hip replacement patients have a new reason to be concerned. At Koester & Bradley we have seen first hand the incredible suffering that many clients endured as a result of defective metal on metal hip implants. Since 2008 Ryan Bradley has been devoting mush of his practice to metal hip litigation and as part of it he routinely monitors the developments surrounding these cases.
A recently issued hazard alert from Australia’s Department of Health and a recall notification from Stryker are warning patients about potential issues and injuries associated with the company’s LFIT™ Anatomic CoCr V40™ femoral head. The Australian Government’s Therapeutic Goods Administration and Department of Health is often relied on by the U.S. FDA and similar government health agencies worldwide for information regarding the safety of hip implant devices.
According to Stryker’s recall notice the LFIT Anatomic CoCr V40 femoral heads manufactured before 2011 are reported to have a higher than expected incidence of taper lock failures. The taper lock is the part of the implant that connects the femoral head to the femoral neck.
If a taper lock failure occurs, the hip replacement patient could have the following issues:
This recall and alert could potentially affect tens of thousands of patients in the U.S. and worldwide. These metal femoral heads were widely distributed in the U.S. and abroad. If you or a loved one has been affected by this product, contact our office to explore your legal options. Koester & Bradley is nationally recognized for our expertise in defective metal hip replacement implant litigation; we can help. Contact us online, 217-337-1400 or request a free case evaluation online.
This issue has been identified in the following LFIT Anatomic CoCr V40 products:
Yahoo!'s Problems are not Over After Verizon Acquisitions
At the time of writing this post, the international community was abuzz with news that Yahoo! email in the United Kingdom was actually off-line. This is crushing news for a communication company that pioneered the world of communications in the 1990's. The outage has been resolved for most customers, however many in England were unable to access their email inbox or send messages for approximately 10 hours. This does not sound like a major problem, but to Yahoo! it certainly was.
The tales of woe for Yahoo! have been years in the running and the talking heads on business televisions can offer a litany of reasons why the once mighty giant has fallen. The situation for Yahoo! and its beleaguered shareholders began to look up during this past summer though when Verizon, after passing anti-trust scrutiny, purchased Yahoo! for $4.83 billion in July. Then Yahoo! joined the ranks of Home Depot and Target falling victim to a data breach.
This time, Yahoo! Inc. faces the first of three consumer class action complaints related to consumer protection and fraud after hackers obtained data affecting at least 500 million Yahoo users. These cases will likely be combined into a single federal case as many other class actions suits will likely follow.
In Havron v. Yahoo, Inc. (S.D. Ill., No. 16-cv-01075, complaint, 9/22/16), plaintiffs allege that Yahoo failed to adhere to its own terms of service and privacy policies to adequately protect and safeguard users’ personal information from theft or misuse. Plaintiffs allege that Yahoo violated common law contract and tort law and violated the Illinois Consumer Fraud and Deceptive Business Practices Act.
The California cases—Myers v. Yahoo!, Inc. (S.D. Cal., No. 16-cv-02391, complaint, 9/22/16) and Schwartz v. Yahoo!, Inc., (N.D. Calif., No. 16-cv-05456, complaint, 9/23/16 )—blame Yahoo for gross negligence and allege identity thieves may use the stolen data to perpetrate a variety of fraud such as cloning credit and debit cards, taking out loans, opening new financial accounts, and other unauthorized activities. The Southern California case also alleges that Yahoo violated the Federal Stored Communications Act (18 U.S.C. 121).
Yahoo faces having to potentially defend multiple class actions at a cost expected to reach into the tens of millions amid an agreement wherein Verizon Communications, Inc. has agreed to buy Yahoo for $4.83 million. It remains to be seen whether this merger will occur may hinge on the outcomes of the cases. As would be expected, the company did not comment "on ongoing litigation."
If you or a loved one has a Yahoo! account take simple precautions to make sure that your personal data and financial information is safe. First, change your password, then research to see if you can find any transactions that you did not complete. Finally, if you suspect that you are a victim, it may be wise to contact a reliable credit monitoring company to run a credit report. While some of these companies are scams themselves, other are reliable.
For more information on protecting yourself, or if you or a loved one have been a victim of consumer fraud, please contact us.
Human Error is Primary Cause for Trucking Accidents
According to the Illinois State Police, a preliminary investigation suggests a semi tractor-trailer set off a chain-reaction collision on the Tri-State Tollway in Gurnee. A spokesperson for the state police said the accident occurred in the westbound lanes near mile marker eight at approximately 5:45 p.m. on Monday, September 19. When the big rig’s driver allegedly failed to slow in time, the semi struck the vehicle ahead, causing a chain-reaction collision that ultimately involved six vehicles. Sadly, automobile wrecks such as this occur frequently across Illinois and the Midwest.
The Chicago Tribune reported that there were no life-threatening injuries, although eight individuals were hurt. A spokesperson for the Gurnee Fire Department said two of the victims required extrication. It reportedly took 10 minutes to remove one person and 30 minutes to remove the other.
One injured person went to Waukegan’s Vista Medical Center East for treatment of minor injuries. The seven other injured victims required transport to Advocate Condell Medical Center in Libertyville.
In this particular situation, it was fortunate for all of the parties that injuries that were involved.
Forward Collision Avoidance Systems For Trucks
Although the circumstances of every rear-end collision involving an 18-wheeler are unique, modern forward collision avoidance systems may prevent some of these collisions. Although such safety technology is not yet required on semi tractor-trailers, the federal government is considering a new rule that might make them mandatory in the future. Similar to airbags decades ago, proponents of Forward Collision Avoidance Systems are hoping to make the devices mandatory and common place. Detractors, not surprisingly, are skeptical due to the added cost of the devices. Even with the devices present on semi-tractor trailers across Illinois, rear-end collisions will always occur since human error and negligence cannot be completely prevented.
Rear-end collisions occur for many reasons including excessive speed, distracted driving and impaired driving. When it is reasonable to claim that negligent conduct lead to a crash, it is possible for injured victims to seek compensation for medical expenses, pain, suffering and possible lost wages.
If you or a family member as a victim in a crash, we make it possible for you to speak with an attorney about the matter free of charge and without obligation. We fight hard to get our clients the full compensation they deserve under all applicable laws. To learn more about our legal services, please contact us.
Crazy Pokemon Go Legal Issues, and the Three Points We Can Really Learn
Depending on who you talk to, July 4th was NOT the most important day in July this year. This is because July 6 was the release date for Niantic’s viral sensation Pokemon Go, and the world has not been the same since. Say what you will about the mobile based game that harnesses the power of GPS to allow players to make the world their playground, but the reality of the situation is that the mass appeal of the game stretches beyond millennials and has captivated a cross section of the populations that is as diverse as the characters themselves.
Unlike most app-driven games, Pokemon Go uses the player’s coordinates and mapping technology to create a location-based “augmented reality” gaming experience like any other. Unfortunately, despite the fact that a player’s reality is augmented, the real-world is most certainly carrying on around them and the game has been rife with oddball stories and legal situations almost from the beginning. Now that the a few months have passed since it release, it is high-time to reflect on just what we can learn from the legal predicaments facing many captivated by Pokemon Go.
A 24-year-old New Zealand man reportedly quit his job to pursue Pokémon full-time. At last count, he had accumulated 91 of 150 available Pokemon as he crisscrossed Australia—bear in mind this was only a few days after it release, so, with any luck, this gentleman may have possibly collected all 151 and may be enjoying his “retirement.”
In Georgia, a dedicated player followed her Pokemon (rumors suggest a “Squirtle”) into a graveyard only to find herself trapped inside. Unable to find her way back out, she contacted the police by dialing 911. The tapes are amusing, but the time wasted by authorities was significant.
In that the game is location-based the fictional characters in Pokemon Go are taking some players to challenging locales. Given the technology packed into most smartphones, in most circumstances, the little buggers will not draw their pursuers into overtly dangerous locales. Still, a warning appears at the beginning of the game telling players to be aware of their surroundings every time the app is opened. Still, a number of players have stepped into potentially dangerous situations, possibly raising liability questions.
It's a topic that I sincerely wish that I did not feel compelled to address. Additionally, given the gravity of the subject matter, I am with holding my normal snark and sarcasm.
There is more violence in our society presently than in any other time in recent history. Whether you tend to blame the guns, the criminals, or the rancorous mental health system, we are all potential victims of mass violence. Each day more news pours in about officer-involved shootings in Tulsa, Oklahoma or Charlotte, North Carolina and, even more alarming, active shooter events.
According to the FBI, an active shooter is an individual actively engaged in killing or attempting to kill people in a populated area. This can be a random act, planned act, or a spur of the moment reaction to an altercation.
From Washington State, to Texas, and many points in between, we have almost become numb to the news of random shootings at school, malls, and other public places. Central Illinois and the Champaign-Urbana have had a unique sense of security in regard to active shooter events until recently when shooting broke out in Champaign.
While these types of events are becoming more and more prevalent and deadly, there are certain common-sense steps to take in order to increase the likelihood of survival for yourself and those around your.
According to experts, simply allowing common-sense to take over is an important aspect of active shooter survival. Additionally,
1. Remain calm. Panic does not do anyone any good. Focus on your breathing so you can assess the safest action.
2. Determine what action you are going to take
If you are not alone, alert others in the area that a shooter is present. If you can bring people with you on your escape, do it. If you cannot convince someone to go with you, leave him/her and get yourself to safety.
Action a: run: be prepared to run. Run as fast as you can. If you are wearing shoes that make it more difficult to run, ditch them and run barefoot. This sounds like something you would see in a movie, but it is good advice. Know an escape route that will get you the furthest distance away from a shooter. Once you get to safety, don’t assume someone has already called 911. Call 911 anyway.
Action b: hide: if running is not an option, hide in a secure location, out of the shooter’s view. You want a location that will provide you protection if shots are fired in your direction. Do not open a locked door until you can confirm that authorities are the ones coming to your rescue. Call 911 if you can accomplish this task without being found. If you cannot find safety behind a locked door, find an area that provides you concealment and cover but still allows you a visual on the attacker. If the shooter does not see you, you may have a chance to make a run for an exit. If the shooter doesn’t see you, you may have an opportunity to brace yourself if you need to fight back.
Action c: fight: if you are forced to fight the shooter, be aggressive & violent, control the weapon and then control the shooter, and use whatever improvised weapon you can find. This is the last chance effort and should only be adopted if there is no way to run and hide.
Active shooter events are a frightening reality to our world and, despite the fact that it is not enjoyable to think about, having a plan can save lives.
You probably remember some scenes in movies where a character is behaving outrageously in a courtroom, and the judge holds him or her in contempt. Think My Cousin Vinny, or A Few Good Men (when Tom Cruise was cool), however few people have heard of any person holding himself in contempt.
Recently, it did happen. As reported by Lowering the Bar, a criminal defendant didn't like his court-appointed lawyer and wanted to get a new one. The judge told him that he could either work with the lawyer he had or he could represent himself, which, the judge told the defendant, would be "the biggest mistake you ever made in your life," because the defendant didn't know anything about selecting a jury, cross-examining witnesses, or criminal procedure.
The defendant was not persuaded. He told the judge that if he had to keep on working with his attorney, he would hold himself in contempt of court. The judge tried to reason with him, but the defendant responded with the f-bomb and then continued spewing obscenities for what was captured in 12 more pages of trial transcript. It got even worse as it went along, escalating to the point where the defendant actually threatened to kill the judge's family.
It may not surprise you to learn that this was not a wise or an effective tactic. The potty-mouthed defendant ended up getting additional charges for the threats added to the criminal charges he was already facing.
This may be a funny story, but getting good legal representation when you need it is no joke. This rule applies whether a criminal case or a civil matter litigating a business dispute or a personal injury case. If you need a skilled and experienced personal injury attorney, please contact us to set up an appointment to meet in our office or your home or workplace and by all means, don't hold yourself in contempt.
Many things have the potential to ruin a well-planned vacation, but identity theft may be may be at the top of the list. Spending time fighting fraudulent charges, closing credit cards, and disputing errors is certainly not how you planned to spend your time off. Unfortunately, every year there are millions of complaints filed with the Federal Trade Commission. Your chances of identity theft, however, are reduced if you try these identity protection strategies while enjoying a relaxing vacation:
Nothing can ruin a good vacation like having your identity stolen. Use these tips to maximize your protection and contact us if you find that you have experienced something unfortunate so we can sort things out.
Do Your Part to Prevent Medical Errors
Medical malpractice is often time preventable. In order to receive the highest level of care possible, the patient and doctor must communicate. Many times, medical malpractice occurs when a patient does not provide all of the relevant facts to the physician, and the physician fails to ask the proper questions to elicit the information. Without a doubt, the doctor has the obligation to conduct and complete a full evaluation of the client and to arrive at a proper diagnosis. However, it does not hurt to take the following measure when you meet with your doctor next, to assist them in proving the highest level of care.
1. Write down all symptoms and question that you may have before you see your doctor. Often times patients can forget pertinent information while in the examination room.
2. Ask your doctor if they have ever been involved in a medical malpractice suit. There are also doctor rating services that supply this information.
3. Ask what tests need to be run, and if there are other options.
4. Ask about your doctor's experience. This is especially true when you are considering surgery and your doctor is new to a particular procedure . A good example is the DaVinci robot which is used for a variety of surgeries.
5. Ask about possible side effects.
6. Ask if you should get a second opinion or see a specialist.
7. Ask about recovery time and therapy.
Feel free to bring a pad and paper into the exam room and document the answers to your questions. It is also a good idea to create a medical journal to document the conditions and treatments that you may have for your own information and in case of a lawsuit.
With a little planning, you and your doctor can stop medical malpractice before it starts. Of course, if you are the victim of medical malpractice, contact an attorney.
Koester & Bradley handles many types of medical negligence cases in Champaign Urbana and across Illinois. Still interested in learning more about medical malpractice in Central Illinois? We do our best to debunk medical negligence myths here.
Koester & Bradley is Still Pursuing Wright Metal Hip Cases
DePuy, Stryker, and Zimmer are not the only hip prosthesis manufactures getting hauled to court over defective metal-on-metal devices. Koester & Bradley, LLP filed a hip replacement lawsuit against Wright Medical Group on behalf of a man who claims the failure of his hip implant required him to undergo painful revision surgery and radically changed his life and prevented him from working and caring for his family all the way back in 2008 and has been at the forefront of metal hip litigation every since. The lawsuit outlines that the Plaintiff had his prosthesis in place for a very short period of time before it simply snapped due to metal fatigue of the femoral neck.
The plaintiff experienced severe pain and has suffered permanent disfigurement. He was required to undergo revision surgery to remove and replace the faulty hip replacement system. Only to complicate matters, the exact same prosthesis in the Plaintiff's other hip fractured in the same place just a short period of time later.
The suit claims that this specific hip replacement system produced by Wright Medical Group is improperly designed and dangerous since it has the potential to lead to fretting, corrosion, wear, fatigue and early failure. The hip implant is designed to be adjusted according to a patient’s leg length. This design element is claimed to be flawed since it allows the systems to bend easily, which can cause failure.
The Wright Profemur Total Hip System, which includes many variations, is being named in the suit includes the Conserve Plus Cup, Conserve Total Femoral Head, Wright Modular Femoral Neck and Profemur E Cementless Stem.
While the problems experienced by Wright Medical Group are not as well-know as the billion dollar settlements against Stryker and DePuy, but the damage to Illinois patients is just as severe. Ryan Bradley has been assisting those injured by Wright Medical Metal hips as long as any attorney in the country and is continuing to investigate these case despite the fact that the media attention surrounding the record DePuy and Stryker settlements has subsided.
The United States does not collect data on Hip Failures. However, Australia, due to its nationalized health care system does. According to its data, the Wright Profemur Z hip had a failure rate of well-over 11 percent percent at three years.
If you have a Wright Medical hip prosthesis, you are well-advised to contact an experienced products liability attorney to asses a potential claim. The lawyers at Koester & Bradley have handles numerous prosthesis claims and have a metallurgical engineer on call to help clients evaluate potential actions at the crossroads of science and law.
Since August of 2001, the state of Illinois has had a Safe Haven Law in place. Yet some believe that ignorance of the amnesty this law gives to those who relinquish their newborns to the noted places, may have led to a recent newborn death.
A sophomore at the University of Illinois in Champaign has been accused of killing her baby in her dormitory's bathroom, just this past March. According to the Illinois Times, Lindsay Johnson has stated that she did not realize that she was pregnant prior to giving birth. However, her cell phone seems to tell a different story. The question remains as to whether or not Ms. Johnson would have relinquished the baby legally if she had known that option was available.
the Illinois Safe Haven Law allows a new mother to leave their baby under 30 days old at any of the following locations:
Unfortunately, this law only works if people know about it. It is hoped that this tragic case will put some much-needed spotlights on the Safe Haven Law and help to save future newborns.
If you have any questions regarding this law, please contact us. Above all, please help us spread the word that this option exists.
Illinois Plaintiffs Lawyer by Koester & Bradley
Breaking Legal News with Central Illinois Impact from Koester & Bradley, LLP
Ryan R Bradley is a civil litigator based in Champaign County in Central Illinois focused on representing plaintiffs in a variety of cases.