Defective metal on metal hip implants have been causing serious and permanent harm to people for years. On Monday March 20, 2017, the 11th Circuit judicial bench affirmed the $2.1 million jury verdict in the first Wright Hip Implant trial.
The plaintiff in the trial claimed that Defendant’s hip replacement implant was defective and that Defendant failed to adequately test the device before introducing it to the public market. The Plaintiff further claimed that Defendant failed to warn both patients and doctors of the risks associated with the device and chose instead to aggressively market the product as an extremely durable implant, ideal for more active patients. Plaintiff alleges that she was in the middle of a yoga class when she heard a “crunch” and realized her hip implant had been dislodged. The Plaintiff was forced to undergo revision surgery where it was discovered that metal debris from the implant had spread to the surrounding soft tissue.
Other manufacturers of metal on metal hip implants have faced similar lawsuits. Many of these devices have been recalled but there are thousands of people still walking around with these implants that could fail at any moment. People with metal-on-metal implants manufactured by Stryker and Wright should be on the lookout for any signs of a defective hip implant. According to the FDA, the following symptoms, if experienced three or more months after surgery, may indicate that a hip implant is not functioning properly:
Hip, leg or groin pain;
Swelling at or near the hip joint;
Popping, grinding, clicking or squeaking sounds from the hip joint; and
A limp or change in mobility.
In addition, patients should monitor for symptoms of metal poisoning. According to the FDA, the signs of metal toxicity include:
Impaired kidney function;
Thyroid problems, including weight gain, neck discomfort, fatigue and feeling cold;
Depression, cognitive impairment or other psychological issues;
Hearing or vision impairments; and
Cardiomyopathy, a condition that weakens and enlarges the heart muscle.
If you or a loved one is experiencing any of these issues or has a metal on metal hip implant that has failed and been removed, please do not hesitate to contact Personal injury attorneys Sadler Ladenburg to get answers to your questions. The attorneys Sadler Ladenburg help injured victims throughout Washington State. If you need a hip implant attorney, do not delay and contact us today.
A $2.9 million verdict has been handed down in a medical malpractice lawsuit against Exodus Healthcare. The lawsuit was filed in the Third Judicial District Court in Salt Lake City by the widow of a man who died after being treated by the defendant. According to the lawsuit, the 55-year-old man visited an Exodus clinic after he developed chest pains. He was misdiagnosed by a physician’s assistant at the facility and told that he was suffering from constipation, the complaint alleged. A second visit to the facility resulted in another misdiagnosis by a separate physician’s assistant and the man died four days later of aortic dissection.
The case was against Exodus Healthcare and tried in the Third Judicial District Court, Salt Lake County. The jury decided on the $2.9 million verdict on February 15, 2017. The Details of the Medical Malpractice Case were released by the plaintiff’s firm in a press release: Keith Wilcox, aged 55, was an employee for the Utah Transit Authority (UTA). One night, according to court documents, Mr. Wilcox developed chest pains. The pain eventually spread from the chest to the abdomen. According to court documents, on November 6, 2011, Mr. Wilcox visited the medical clinic Exodus Healthcare. He was seen by a physician’s assistant (PA). The PA misdiagnosed the medical condition and determined that Mr. Wilcox was suffering from constipation. Mr. Wilcox never underwent any cardiac tests such as a chest x-ray or an EKG. He was not sent to the emergency room.
According to court documents, after more than a week of continued pain, Mr. Wilcox returned to Exodus Healthcare on November 15th and met with a different PA. This PA diagnosed him with abdominal pain and constipation, once again failing to diagnose the actual medical issue. For a second time, no cardiac tests were administered. Four days after his second visit to Exodus Healthcare, Mr. Wilcox died of aortic dissection.
The Jury’s Decision According to court documents, the jury found that Mr. Wilcox was 30 percent at fault for the incident presumably because he could have potentially visited the ER of his own volition. However, the jury also found that Exodus Healthcare was 70 percent at fault and had breached the standard of care. The jury awarded $2,940,250.21 to Mrs. Wilcox and the heirs of the late Mr. Wilcox.
This case is a good example of how health care providers can negligently cause harm to patients. The personal injury attorneys at Sadler Ladenburg help victims of medical malpractice in Washington State obtain the justice they deserve. If you or a loved one have been a victim of medical malpractice, contact us today for a free consultation to learn your rights and options.
Driving is a dangerous activity. Even if you are completely focused on the task of driving, you can be involved in a collision caused by another driver who is distracted or impaired. Knowing that other drivers are often distracted or impaired means it is more important for you to keep alert. Keeping alert starts with a good night’s rest.
New research by AAA revealed how dangerous driving can be when you’re tired. The study found that drivers who miss two to three hours of sleep a day more than quadruple their risk of getting in a crash when compared to drivers who sleep for seven hours. The AAA Foundation estimates that as many as 7% of all crashes, 13% of crashes that result in hospital admissions, and 21% of fatal crashes involve drivers who were fatigued. The impact of limited sleep on drivers’ risk of collision is similar to risk associated with driving while intoxicated.
Click here to read the entire report from AAA.
If you are the unfortunate victim of a fatigued or negligent driver, please do not hesitate to contact the personal injury attorneys at Sadler Ladenburg. We help victims of car accidents everyday.
Insurance companies are hard to deal with when you need to make a claim. They don’t make the process easy. They don’t always pay the bills they should pay. They don’t always make fair offers to resolve claims. They often delay, deny, and defend legitimate claims to boost their corporate profits. It is no surprise that insurance company are disliked by almost everyone.
Despite being disliked, most people should buy more insurance. The title of this article should probably read “Adequate Auto Insurance: A Necessary Evil” because just having auto insurance is not enough to protect you. Having adequate auto insurance can be the difference between escaping an accident relatively intact financially and being forced into bankruptcy.
Even though it is against the law to drive a vehicle in Washington without insurance there are far too many people on the road without insurance. In fact, according to the Insurance Research Council, 16% of the drivers on the roads in Washington do not have insurance. That means if you are involved in a collision there is at least a 1 in 6 chance that the other driver does not have insurance. The actual probability of being hit by an uninsured driver is probably great than 1 in 6 because the same people who are irresponsible enough to drive without insurance are also irresponsible on the roads. They may have been involved in several accidents or received several tickets and now cannot afford insurance. Do not let them destroy your life too.
Even if a person who injures you in a motor vehicle collision has insurance, they probably do not have adequate insurance. The minimum liability coverage that an insurance company must offer to a resident of Washington is $25,000. With the skyrocketing cost of medical care, $25,000 is not enough for most motor vehicle injuries. Even a “minor impact” collision can cause substantial harm both physically and financially. Most of our clients who are involved in rear-end collisions with relatively minor damage to the vehicles suffer back and or neck injuries. They typically treat with a combination of chiropractic care, massage therapy, or physical therapy. Just a few months of treatment can costs more than $5,000.
More serious injuries can cause the medical bills to skyrocket quickly. Just an initial visit to the ER with a CT scan or MRI will likely exceed $10,000. Any time a person is admitted to a hospital or needs surgery, the cost can quickly become too much for any middle class family to bear. With the right insurance coverage, however, those bills can be an afterthought and you can focus on your recovery.
When deciding what coverage to get, always error on the side of more. A policy with $35,000 in Personal Injury Protection is a good start. The Undersinsured Motorist Coverage should be at least $100,000 but $250,000 is much better. Never settle for the minimum policy even if it saves you a little money up front. No one expects to be involved in a collision but if you are, it is nice to know that you have a policy that can take care of your finances so you can take care of you.
Unfortunately just having the right coverage does not always mean you will be compensated. Stopping your insurance company from delaying, denying, or defending your legitimate claims is a subject that is too complex for this short blog post. If you have questions about forcing your insurance company to keep up their end of the bargain, please give us a call. Protecting the rights of the injured is all we do at Sadler Ladenburg.