There are many Dangerous Products on the Market in Illinois. Here are the Key Illinois Personal Injury Factors to Remember.
Each time you shop and make purchases in Illinois and across the country, you are afforded certain rights and protections. Many of these protections are the result of Illinois State or Federal Laws. If you purchase a product that was defective, dangerous, or improperly made, and caused you to sustain a personal injury, you have the right to file certain claims to receive the compensation and justice you deserve. Our Illinois Personal Injury Lawyer team at Koester & Bradley will provide you with a brief overview of product liability claims and what you need to know as you go through the process.
Three General Types of Product LIability Claims in Illinois
There are three different types of product liability claims. The first is a pharmaceutical claim. This is when medication contains a harmful ingredient that could cause harm to your health. Examples of these types of claims are the defective drugs Xarelto and Pradaxa which bad drug lawyers at Koester & Bradley are actively pursuing.
The second is the product manufacturing or design flaw claim. This could be a manufacturing or design flaw that causes injury. For example, a faulty cord on a blow dryer or faulty brakes on your car that caused your injury fall into this category. Additionally the dangerous and recalled knees and hips produced by DePuy and Stryker are defectively designed and manufactured.
The third is a marketing defect. This is when a company makes promises about their product that are untrue. This includes inadequate safety warnings, improper labeling or insufficient instructions. If the knowledge you have on how to use a product is incorrect and it causes your injury, the manufacturer or company could be at fault. The State of Illinois regulates these types of claims as does the Federal Government and the regulations can be very complex. This is why Koester & Bradley recommends hiring an experienced product liability lawyer locally to assist you.
You May be Entitled to Compensation for your Injuries in Illinois
If you feel that one of the above defects is enough to file a product liability claim, you can commence legal action. It's best to contact us for more information and set up a consultation to discuss the circumstances surrounding your incident. There are many components that go into a product liability claim, so it's best to seek legal representation from those who are experienced in personal injury lawsuits for your best chances of success.
Sometimes Medical Devices intended to help actually hurt. Such is the Case for NuVasive.
Koester & Bradley, LLP is investigating cases involving a popular, non-surgical, device intended to treat Scoliosis in children. Parents should be aware of the NuVasive Magec System, which was developed to treat Early Onset Scoliosis in very young children. With seven-million Americans suffering from scoliosis or curvature of the spine, the interest in the device is very high and the manufacturer has launched an aggressive marketing campaign. Scoliosis is commonly diagnosed in children between the ages of 10 to 15, Early Onset Scoliosis (EOS) develops in children before the age of 10.
EOS is a serious medical condition because it occurs when a young child’s skeletal structures are still developing. If the spinal curvature is not treated and becomes severe, it can constrict the child’s thorax or chest cavity causing them breathing issues and restricting the growth of their lungs. Therefore, EOS treatments must control the spinal deformity while also allowing the spine to grow.
The NuVasive Magec System is marketed as an alternative surgical treatment for children with moderate to severe EOS and promises “noninvasive growth modulation.” It is important to not that in the case of the NuVasive System, the fact that the FDA has "approved" the device, does not guarantee or warranty it safety. The device is a magnetic controlled growing rod system, which, in theory, expands to help straighten and correct the curvature of the spine as the child grows.
NuVasive Specialized Orthopedics, the company standing to profit from the device, claims its magnetic rod technology significantly reduces the number of surgical procedures EOS patients require compared to traditional treatment options. However, clinical results have shown that this may not be accurate given the increasing complication rates.
Early issues with the NuVasive system are especially concerning given the young age of the patient population. Parents are being led to believe that this treatment option is safe for their child, but researchers and clinicians are seeing major failures with the spinal device and raising concerns regarding the device’s potentially high complication rates.
In addition, the U.S. Food and Drug Administration (FDA) continues to receive reports of issues with the NuVasive Magec System that include:
NuVasive Specialized Orthopedics, Inc., has the full responsibility to its pediatric patients and their families. The company, in order to comply with Illinois and Federal law, must ensure these medical devices perform as indicated and do not endanger the health of the children undergoing treatment with these devices.
Due to the large numbers of these devices entering the marketplace and being implemented on children, Koester & Bradley is investigating all adverse events related to the NuVasive Magec System. Please reach out to us for a free review of your case and stay up to date on the other defective products cases we are presently handling.
The Attune Knee Implant is the Next in a Long Line of Defective Products from Johnson & Johnson
Just like the DePuy ASR metal on metal hip, and the Pinnacle metal on metal hip, the Attune Knee made by DePuy, a wholly owned subsidiary of Johnson & Johnson, has been linked to failures related to instability. This mode of failure of the popular and heavily marketed knee prosthesis is serious and painful.
The U.S. Food and Drug Administration (FDA) has received an unusually high number of incident reports indicating early failure in the DePuy Attune® Knee Replacement System. These failure report are generally submitted to the FDA directly from the doctors and care providers that implant the device.
These failures are occurring one month to two years after initial implantation, and patients are reporting loosening and pain. Loosening and pain are just the tip of the iceberg however as a full-on failure is the likely result. To add to the problem, the knee was very popular and implanted in heavily in Central Illinois as well as across the country. Koester & Bradley is at the forefront of the litigation.
The DePuy Attune® Knee Replacement System came on the market in 2013 under the 510 (k) process and did not likely undergo a full FDA review. Furthermore the release of the knee implant was right on the heels of the major ASR recall, so Johnson & Johnson certainly knew of the problems associated with implants. The device was intended to last for 15-20 years, which was a major selling point for the DePuy company, but many patients have reported failure within one month to two years after the implantation.
If you or a loved one has experienced trouble with any knee implant, simply get in touch with us and we can determine if you may have a claim against the manufacturer. Koester & Bradley will continue to provide updates on this developing story.
-There have been a variety of great victories for the victims of defective drugs and devices in the recent weeks. At Koester & Bradley, we like to keep our friends in Champaign-Urbana and across Central Illinois up-to-speed on the latest Mass Tort developments so that if you or a loved on has the same or similar device you too can protect your rights. In this update, we focus on one of America's most prolific companies, Johnson & Johnson.
Read more: http://www.njlawjournal.com/id=1202753661247/Are-Big-Verdicts-a-Sign-Johnson-amp-Johnson-Has-Lost-Its-Way#ixzz44VrMvBcx
Koester & Bradley is continuing its investigation and representation of claims resulting from all metal-on-metal hip prostheses. This includes the DePuy Pinnacle Metal on Metal Hip system that is widely used in Central Illinois. Hospitals such as Presence Covenant Medical Center (Provena), Carle Foundation Hospital, and Decatur Memorial Hospital have implanted many Pinnacle hips. The efficacy of these devices has been called into question by the consumer protection community and the FDA and in many cases full-blown recalls have been issued for devices implanted throughout Champaign-Urbana and Central Illinois.
It is important to understand that the doctors that implanted metal hips are not to blame for the failure of the device. The doctors and hospitals are victims as well. Koester & Bradley has been working closely with area clinics and doctors for almost ten years on hip implant cases and continues to do so.
Despite the fact that many makers such as DePuy and Stryker have begun the settlement process for claims, it is important to have a local attorney help with the settlement process.
Metal-on-Metal Hip Manufacturers include:(read more)
DePuy Orthopaedics Recalls Popular Hip Implant--Many of these Metal Hips are in Central Illinois
DePuy Orthopaedics is the subject of a number of lawsuits alleging serious injuries as a result of the defective design of its hip prosthesis. Following a recall in excess of 93,000 implants, patients from across Illinois and beyond have filed lawsuits alleging that their DePuy hip implants have failed much more quickly than they expected, causing difficulty walking, pain, and heavy metal poisoning. Many patients have had to undergo replacement surgery to be fitted with new hip implants, and many more are now forced to undergo blood testing and constant monitoring to guard against more serious injury.
Claims arise from the DePuy ASR line of prosthesis.
Over 20 patients from Illinois have joined a lawsuit against DePuy Orthopaedics with more patients signing up every day. According to the 9/23/10 issue of the News-Gazette, patients allege that DePuy knew about the risk of metallosis and the high revision rates in patients with the ASR prosthesis but failed to warn doctors about those risks.
A large percentage of the Illinois Cases are handled by Ryan R. Bradley of the Law Firm of Koester & Bradley, LLP. in Champaign County, Illinois.
The DePuy implants have a metal-on-metal design that was held out to last longer than other devices. Wear and tear on the implant caused by normal use, such as walking, sitting, and getting up is alleged to create metal debris that can spread to the patient's surrounding bone and tissue, a condition known as metallosis. As a result of this condition, many patients experience pain, clicking, aching, and illness associated with exposure to heavy metals.
Hip implants typically last for about 15 years. Patients with DePuy ASR Implants are experiencing failure time frames of roughly two years--sometimes sooner. These failures necessitate a full revision surgery.
Revision surgeries are complicated and dangerous. Each surgery is more invasive, increasing bone loss and the risk of serious complications. Additionally, recovery time is often greater after a revision surgery.
According to Mr. Bradley, who has successfully litigates numerous medical device lawsuits, patients who suspect that they may have the DePuy ASR Implant should consult their physician as soon as possible to schedule a blood test. For more information submit your claims or questions here.
Illinois Plaintiffs Lawyer Personal Injury Blog by Koester & Bradley, LLP
Legal News with Illinois Impact from Accident and Personal Injury Firm Koester & Bradley, LLP
Ryan R Bradley is a civil litigator based in Champaign County Illinois focused on representing plaintiffs in a variety of cases form medical malpractice to automobile accidents.