December 29, 2011

Hip Replacement Failures - Information You Should Know

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Product liability cases come in many different forms. What they all have in common is that a company or manufacturer has sold or distributed a defective product that causes harm, injuries, and damages to a consumer. Metal artificial hip implants have caused significant long term injuries and complications to thousands upon thousands of patients throughout the United States. Rather than improve the patient's lifestyle, these metal artificial hip implants have wreaked havoc upon the lives of patients and their family members.

A Florida Products Liability Attorney can assist patients with a case against a manufacturer or distributor when injuries are caused by a defective product. These cases are extremely complicated and it makes sense to contact a Florida Personal Injury Attorney for advice, consultation, and representation.

It has been reported that the metal - on - metal hip replacements are failing at a high rate. The hip replacements that were suppose to last 15 years or more are not having the longevity or success that were promised to the patients who underwent the invasive surgery to have a hip or both hips replaced. The hope of a better life has been replaced with disability, pain, and disappointment for many patients who have received the hip or knee placement and later suffered the complications and failures of these replacements.

It is estimated that the costs and damages associated with the failure of these hip implants are in the billions of dollars range. The financial repercussions go well beyond the medical care as jobs are lost, lives are changed, and family members are forever affected by a serious injury to a loved one.

The incidents have set off a financial scramble. Recently, lawsuits and complaints against makers of all-metal replacement hips passed the 5,000 mark. Insurers are alerting patients that they plan to recover their expenses from any settlement money that patients receive. Medicare is also expected to try to recover its costs.

The numbers and statistics are quite interesting and on a large scale. It is estimated that approximately 500,000 patients have undergone hip replacement surgery with metal on metal replacements. One product metal - on - metal product was even subject to a recall in 2010. The product which was distributed by Johnson & Johnson - DePuy Division - was implanted in approximately 40,000 patients. It has been reported that approximately 3,500 lawsuits involving this implant have been filed to see damages, compensation, and medical bills for the patients. See the High Costs of Hip Replacement Failures.

Posted by David A. Wolf | | Email This Post

Posted In: Defective products , Product Liability

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November 20, 2011

Carbon Monoxide Exposure Leads to Hospitalization in Orange County Florida

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In Orange County, Florida, it was reported that four people were exposed to carbon monoxide poisoning at an apartment complex. The complications caused by the carbon monoxide poisoning required medical care and treatment with a hospitalization. See Four People Hospitalized in Central Florida with Carbon Monoxide Poisoning.

Carbon monoxide poisoning can lead to serious personal injuries and, in some instances, the death of unsuspecting victims. The problems and dangers associated with carbon monoxide poisoning are amplified by the fact that carbon monoxide is a colorless and odorless gas that enters a person's respiratory system instead of oxygen.

Posted by David A. Wolf | | Email This Post

Posted In: Child Safety , Defective products , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Product Liability

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June 3, 2011

City of Jacksonville, Florida Pools Closed Due to Drain Recall - Safety of Children and Other Swimmers Should Be Placed First

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The City of Jacksonville (Florida) closed 33 of its public pools after a warning about potentially deadly drain covers given by a government agency. The Consumer Product Safety Commission (CPSC) announced a recall of about one million pools and spa drain covers last Thursday because they “could pose a possible entrapment risk to swimmers and bathers.” City spokesman Ben Bennymon said that all of the pools will remain closed until their drain covers are inspected and if needed, replaced.

Pool drains contain up to 500 pounds of vacuum force and can cause severe personal injuries, especially to young children. Often times younger kid’s bathing suits, necklaces, and hair get trapped in the drain. In extreme cases, swimmers can be disemboweled by the suction. According to the CPSC, 97 suction entrapment incidents were reported between 1999 and 2010, and 12 resulted in death. In addition, 82 injuries were reported during that same period.

Pool entrapment death is one of the most horrifying ways a child or adult can die. Pool drain entrapment occurs when a drain is defective or missing. Normal pool operation involves cycling the water through a filtration system, and in order to do this, water must be sucked out of the pool through the drain. When the cover is defective, excessive suction can cause the swimmer to be trapped in the drain. Drain covers in Jacksonville public and residential pools should be inspected on a regular basis for brittleness, cracks, lose screws, and improper fit to prevent serious death or injury. For more information on this topic, see city pools closed after pool drain recall.


Posted by David A. Wolf | | Email This Post

Posted In: Child Safety , Defective products , Product Liability , Swimming Pool & Aquatic Injuries

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July 29, 2010

Faulty Airbag Deployment Can Be Dangerous

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Airbags are designed to prevent severe personal injuries, so what should you do when a faulty airbag deployment is the cause of severe personal injuries. Also, situations may arise where personal injuries are the result of an airbag not deploying during a collision or accident.
When drivers suffer such issues they often try to go through car dealers or manufacturers for compensation and are unsuccessful because the seller or manufacturer does not want to admit fault or liability. While the company may not want to accept fault, typically the injuries that result from unexpected airbag deployment are considered a product liability issue and the manufacturer would have to address the injury claim.
Recently in Jacksonville, Florida, The Florida Times Union automobile section had a reader that wrote in for advice regarding defective airbag deployment of a Mercedes E350 where the driver airbag and passenger side airbag simply deployed without impact. The reader thankfully suffered no injuries, but was having a lot of difficulty getting the repairs completed. This is unfortunately a common issue even though the manufacturer is the best one to provide the service necessary to correct the problem.
The reason a faulty airbag deployment would occur would be from a defect, negligent construction of the airbag deployment device or poor construction of the airbag system. When there are multiple individuals claiming the same type of incident, often a recall of a vehicle or parts of the vehicle will occur.
A manufacturer can be held liable for injuries that result from a faulty airbag deployment or injuries suffered due to an airbag not deploying properly.

Continue reading "Faulty Airbag Deployment Can Be Dangerous" »

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Defective products , Product Liability

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June 25, 2010

Florida Products Liability Cases - 3 Types of Defective Product Liability Claims

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When a product causes injury or harm, there is usually potential for a defective product liability claim. And even though the list of products can vary wildly – from consumer products to vehicles to pharmaceuticals – the types of defective product liability claims commonly fall into one of these three categories:

Manufacturing Defects. When a product does not function as it is supposed to because of the way it has been made and causes harm, the injured party may be able to file a defective product liability claim. Examples of a manufacturing defect could include tainted medicine, a car made with a faulty part, a tricycle with a missing seat bolt, and many more.

Design Defects. When the design of a product is inherently defective or dangerous, it can give rise to a defective product liability claim. SUVs that have been proven to flip over easily, airbags that do not deploy or toys made with lead-based materials are just a few examples of products that can cause injury due to defective design.

Failure to Warn. If product instructions or labels fail to provide adequate warnings about the proper use of a product and an injury occurs, the injured party may be able to recover damages with a defective product liability claim for failure to warn.

If you or a member of your family have been injured by a defective product, contact a Florida Products Liability Injury Attorney to guide you through law and to file a claim / action to enforce your rights as an injury victim.

Posted by David A. Wolf | | Email This Post

Posted In: Defective products , Product Liability

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June 18, 2010

Florida Products Liability - What Proof Is Required When a Defective Product Causes Serious Personal Injury or Wrongful Death in Florida?

Question.jpgHow do you prove a product liability claim? Under product liability law, you must show:

Injury or loss. One of the most critical elements of a product liability claim is that a person has suffered an actual injury or monetary damages. Without either of those, there will be practical issues and challenges for both the attorney and client in pursuing such a legal cases.

Product defect. You also have to prove that the product that caused you injury or damage was defective. Types of defects include products that have been manufactured or designed improperly, as well as products that do not carry the proper warning labels or instructions for use.

Your injury was caused by the product defect. It must be proven that the actual defect in the product caused your injury or loss, not just the product itself.

You used the product correctly. You must have used the product as the manufacturer specified it to be used. However, this does not necessarily mean you must have used the product exactly as specified. If it is reasonable to expect that a consumer would use it in the same way you did, a manufacturer will likely be held liable.

If you or a member of your family have been injured or suffered a loss due to a defective product, it can be quite difficult to deal with the complexities and legal issues surrounding a Florida products liability case. It is often times helpful to have legal representation through a Florida Personal Injury Attorney on products liability cases that cause serious personal injury or wrongful death.

Posted by David A. Wolf | | Email This Post

Posted In: Defective products , Product Liability

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