Illinois Medical Malpractice Blog

In August of 2010, DePuy Orthopedics, a division of Johnson & Johnson, issued a recall for two of its widely used hip replacement products, ASR™ XL Acetabular Hip System and the DePuy ASR™ Hip Resurfacing System, after it was determined that the metal-on-metal design of the prosthetic hip could be harmful to the individual recipients. The metal-on-metal devices have caused issues for thousands of recipients because of the deterioration of the metal once implanted in a patient’s body. The metal-on-metal design can lead to the release of small metal particles into the recipient’s body. This can lead to a slew of health problems including infection, necrosis, allergic problems or even heart and neurological system problems.

The company estimated that between 2003 and 2009 over 90,000 patients received one of the now recalled DePuy hip replacement systems. Research has shown that nearly one in eight recipients of a DePuy Hip Replacement required a revision surgery to correct the issues associated with the faulty hip replacements.

With approximately 90,000 faulty hip replacements used and a one in eight chance of issues occurring, it is safe to assume that well over 11,000 patients will require a revision surgery to correct the problems suffered because of the faulty metal-on-metal design. “Anyone who received a recalled DePuy hip implant may be eligible to receive compensation for these defective products, even if they have not yet experienced pain or symptoms,” said attorney Steven Levin of Levin & Perconti.

With the large number of potential claimants DePuy is expected to face an increased amount of litigation.

The Chicago hip implant attorneys at Levin and Perconti believe that the number of claims already filed against DePuy may only be the tip of the iceberg. It is impossible to know whether the tens of thousands DePuy hip replacement recipients that have not yet incurred problems will in the future.

The effects of the massive recall of hip implantation devices made by DePuy Orthopaedics continue as more individuals have filed lawsuits after suffering complications with the defective devices. Our Chicago product liability lawyers at Levin & Perconti are closely following the developments of the situation as many individuals in the Chicagoland area may have been affected by the problematic pieces of medical equipment.

DePuy Orthopaedics, a division of Johnson & Johnson, recalled many of the ASR hip implant systems after data from the National Joint Registry showed that 1 in 8 patients needed corrective surgery within five years following hip implants surgeries with one of those devices. However, information has revealed that the company was aware of the problem long before the joint registry issued its reports—perhaps years earlier. However it waited before issuing the recall, allowing thousands more patients to be fitted with the defective and damaging medical device.

Typically, these hip implant systems are supposed to last 15 years before needing any corrective revision. Over 93,000 patients have received the defective hip implant devices since its creation and prior to the recall. The problem with the device centers on its metal-on-metal ball and socket design. The wear of the system creates microscopic cobalt and chromium debris which causes damage to the bone and tissue it contacts.

The Star Advertiser reported on the latest lawsuit involving a Hawaiian woman who filed suit this week. The victim had hip implant surgery over a year ago, but she began suffering pain in the hip a few months after the surgery. She continues to endure the pain, which causes her to be in constant pain and struggle to get to sleep at night. Following the DePuy recall this August, she is finally scheduled to have replacement surgery next month to help correct the problem.

Tens of thousands of other patients may have been affected by the defective medical device without yet being aware. If you have had a hip implant, be sure to contact your doctor to learn more about the status of your implant. If complications arise or if you experience pain or other problems with the implant, make sure to seek legal advice from an experienced product liability lawyer to ensure your rights are protected.

With the developing news about the dangerous side effects that many patients experienced who underwent replacement surgery with DePuy hip implants, it is important to understand the concerns that have been brewing over metal-on-metal replacements over the last several years. The New York Times reported earlier this year on the many questions that have existed around these types of devices.

About 1/3 of all hip replacements performed annually use metal-on metal implants. That includes both conventional replacements and the alternative procedure known as resurfacing. Their popularity grew initially because of claims that they would be more durable than previous forms of replacement devices. That means that over 83,000 patients have received this potentially dangerous implant every year.

But problems with the metal-on-metal product are becoming clear.

Studies continue to show that the device can wear down quickly, causing metallic debris to be scattered within and absorbed by patient bodies. The metal release ultimately causes inflammatory reactions leading to bone loss, groin pain, and tissue death at the hip joint. Orthopedic doctors at many hospitals, including several in Chicago, continue to treat a growing number of patients for these types of hip replacement problems.

The cause of the problematic replacements are still being investigated, but experts now agree that the poor design of many of the metal-on-metal devices make the ball of the product press against the socket/cup’s edge. The effect is known as “edge-loading” where a chisel-like process is created that releases the large quantities of small metallic particles, most commonly chromium and cobalt.

One surgeon explained, “It is a sad travesty. It is design-related and technique related.”

Many doctors are drastically reducing their use of metal-on-metal replacement devices. Most notably, DePuy Orthopedics recently recalled thousands of hip replacement implants following the release of developing information that explains just how many patients may have suffered because of the device—many of them still unaware of the problems.

As we have already reported, several DePuy hip recall lawyers have filed a lawsuit on behalf of over a dozen patients who have suffered because of these defective implants. If you have had a hip replacement it is important to check and ensure your device is safe and not part of this recent DePuy implant recall.

Our Chicago product recall lawyers at Levin & Perconti will continue to keep you updated on developments with this medical problem.

A new lawsuit has recently been filed in Illinois courts alleging that many medical patients have suffered following defective metal-on-metal hip implants made by DePuy Orthopaedics, reports AboutLawsuits.com.

Thirteen former patients have alleged that ASR hip implants made by the company were defectively designed and had to be replaced. Specifically, the challenged devices include the ASR Acetabular System implants and DePuy ASR Hip Resurfacing System implants. Over 93,000 of these implants were recalled by the company after startling data revealed that one out of eight recipients of the defective DePuy hip implants experience problems within five years of the surgical implant. Many of those victims eventually require a risky hip revision procedure to completely replace the defective DePuy product.

This new lawsuit filed by over a dozens of those victims claim that the company failed to appropriately test the metal-on-metal system, and even after realizing the problem, the company delayed in calling for the full recall. In particular, there were early concerns about problems with the part of the device known as the acetabular cup. The cup on the DePuy device was much shallower than on cups made by other orthopedic companies. The shallowness has consequently been shown to pose more risks for those receiving the implant.

The metal-on-metal his replacement system has been questioned repeatedly in the five years that it has been used. Medical device safety advocates explain that the product can shed metal materials into the body which in turn pose severe risk to soft tissues. The metal particles also pose risk of instigating inflammatory reactions and causing bone loss.

Our Chicago medical product liability lawyers at Levin & Perconti believe that no patient should suffer at the hands of defective and downright dangerous products like this type of hip implant. With the severity of the possible complications, it is vital for you to contact a product liability attorney as soon as possible if you may have been implanted with one of these problematic devices.

The Providence Journal recently reported on the end of a medical malpractice trial involving a problem hernia patch made by the firm Davol, Inc, which is owned by large medical device manufacturer C.R. Bard. This trial is only one case out of over 3,000 that have been filed involving the defective patch.

The plaintiff in this case, Christopher Thorpe, had the patch implanted in 2005 to fix a hernia in his abdomen. The patch is a sophisticated medical device that is folded in half and inserted through an incision behind a hernia. The patch’s “memory recoil ring” springs again once inside the body.

The problem began for Thorpe when the ring component surrounding the patch broke; the mesh portion of the product had been attached to the ring. The section of the ring that broke then traveled inside Thorpe’s body.

The breakage caused an abscess to form, leading to swelling and pain. The abscess had to be continually drained, and Christopher had to undergo multiple surgeries to fix the damage. The surgeries are still not completed, as he will face more of them to continue to correct the problem. As a result of the damage, he will only be able to lift 5 to 10 pounds for the rest of his life.

Ultimately, the jury determined that the poor design of the product caused the damage suffered by Thorpe and his family. They awarded Christopher $1.3 million for his injuries and $200,000 to his wife for her time spent treating his medical issues. Our Chicago medical malpractice lawyers at Levin & Perconti hope the best for Thorpe and his family. We also encourage anyone who has similarly suffered extreme consequences following medical device problems to contact a local lawyer to help explain the possible legal ramifications of the situation.

The New York Times published an eye-opening story last weekend on an all-too-common medical device error that continues to injure and kill hundreds of patients in hospitals across the country each year. The problem involves medical tubes. Many patients have several tubes used throughout a single stay at a hospital. Each tube has a unique function, delivering certain things into the body of the patients—some into a patient’s nose others through a vein, arteries, the stomach or even lungs. Different fluids, medicine, blood, or nutrition are delivered through these tubes directly to the appropriate part of the body. If a mix-up occurs, however, and a substance is delivered into the wrong tube and the wrong part of the body, the results are often deadly. The similarity between the tubes makes the problem a common medical error

The mistakes ultimately take a variety of forms. In one example, a twenty four year old mother and her unborn child were killed when a nurse accidentally placed a liquid food bag directly into the vein instead of into the stomach through the nose. In another case, a spinal anesthetic was accidentally slipped into a vein, killing the sixteen year told patient.

Even though the problem continues, little is being done to correct it. The manufacturers of the tubes, hospitals, and medical regulators all claim that one of the others is responsible for the problem. Accountability is few and far between. The medical device industry has been reluctant to make any changes. The industry is unlikely to make design changes to improve safety unless the regulators force these makers of medical devices to improve their safety.

However, U.S. Food and Drug Administration approval processes are often slow, adversely affecting safety-related changes. Dr. Robert Smith, a former F.D.A. device reviewer explained that the “F.D.A. could fix this tubing problem tomorrow, but because the agency is so worried about making [the] industry happy, people continue to die.”

These mistakes represent egregious breaches of basic care that should never claim another innocent life. Our Chicago medical malpractice attorneys at Levin & Perconti will continue to advocate for the rights of those affected by these medical errors until the appropriate steps are taken to ensure that no future patient falls victim. We have personally fought for many victims of mistakes made with medical devices. Even one error is too many when simple prevention steps could eliminate the problem entirely.

Please click here to read more about this alarming medical malpractice problem.

The West Virginia Record published a story at the end of this week regarding another medical malpractice case.

Diana Boerke sought medical care at the St. Mary's Medical Center to treat a pelvic prolapse. The painful problem occurs with the weakening of the pelvic muscles that allows the pelvic organs to slip out of place. The problem occurs only in woman and requires close care to ensure that no more serious complications arise.

Mrs. Boerke's physician, Dr. Mitchel E. Nutt told her that she needed to implant a medical device as part of her treatment, specifically a Ugytex polypropylene mesh, a component of the Avaulta Anterior and Posterior BioSynthetic Support Systems. The device is made by well-known manufacturer C.R. Bard.

Unfortunately for Mrs. Boerke, however, the newly implanted medical device caused her much more harm than good. As the complaint she filed in the malpractice lawsuit indicates, she has suffered severe physical pain from the accident. Since the implant, Mrs. Boerke has suffered the loss of her pelvic organ system as well as severe deformity of that part of her body. All of this does not even include the mental and emotional toll that she and her family has endured throughout this medical nightmare.

Our Chicago medical malpractice lawyers at Levin & Perconti are experienced in fighting for the rights of those harmed by the medical devices that were supposed to help them. Medical devices come in all shapes and sizes and are used to treat a wide range of medical problems and ailments. However, their use is a delicate process that involves precision and skill to implant. Any time a foreign object is used on the human body, it may lead to severe complications when not properly inserted or maintained. That is why all patients should remain vigilant to their symptoms to ensure that they catch problematic medical devices as soon as possible.

No patient should have their health worsen because of devices that are supposed to improve their health. If you or someone you know has been a victim of this type of medical malpractice, please contact a medical malpractice attorney to better understand your legal rights.

The Aspen Daily News is reporting on a medical malpractice case that is underway involving a well-known local surgeon. The defendant, one of only two general surgeons in the area, Dr. William Rodman, is charged with providing negligent medical care to Dan Bopeley in 2006.

Mr. Bopeley was treated by Dr. Rodman for a blot clot in his leg. As part of the procedure, Dr. Rodman inserted a filter into his vein. However, Bopeley claims that the filter did not operate correctly. Instead of catching clots and preventing them from traveling to his heart, as it was intended to do, the filter itself failed to deploy properly causing severe damage.

The suit alleges that Dr. Rodman was negligent in both picking the filter to use on Mr. Bopeley and actually inserting it into his body. After the first filter problems, Mr. Bopeley sought a different doctor who inserted another filter without any complication.

Filters are common medical devices typically used as in this case to prevent blot clots from traveling to other parts of the body and causing medical complications. However, as with any medical device, if it is not selected properly and inserted into the body appropriately, it may cause severe complications. Medical devices of all kinds are crucial components to many health care plans. However, patients always deserve to be provided proper care when using these devices. When doctor error leads to problems, patients deserve compensation for the harm and suffering at the hands of medical device error.

Our Chicago medical malpractice attorneys at Levin & Perconti have experienced many legal situations involving medical devices that do more harm than good. From pacemakers and filters to catheters and stents, no device inserted into a patient’s body should make the patient’s health worse than before. If you suspect you or someone you know may have been the victim of similar medical negligence, please take steps to ensure rights are vindicated.

The Pioneer Press recently reported on a medical malpractice lawsuit involving a nationally-renown doctor who was himself the victim of a medical mistake following treatment to correct a bleeding bladder.

Dr. Noel Mills, a cardiovascular surgeon and medical teacher, was treated by Dr. Bradley Qualey in 2006 after experiencing bleeding in his urine. During the visit, patient Mills explained his medical history and the fact that he had been treated for prostate cancer. The radiation cancer treatments often produce a condition that causes bladder bleeding, which can be stopped a cauterization. However, after performing a cystoscopy, a procedure designed to investigate bladder bleeding, Dr. Qualey determined that Mills need fulguration to stop the bleeding. Fulguration is a procedure where the damaged bladder tissue is destroyed using electricity.

Dr. Qualey ultimate performed the procedure, but during the surgery he expanded a portion of Mills bladder with a medical device known as a “sound.” These devices vary in size and one much too large was used on Mills, causing additional damage to his bladder. As a result, Mills suffered burning in his urethra and pain in his prostate. He has suffered never-ending bladder dysfunction and trouble with recent kidney stones as a result of the medical mistake.

Our Chicago medical malpractice lawyers at Levin & Perconti are skilled in protecting victims of medical device errors. Many medical procedures involve use of complicated equipment and devices that, when improperly used, can have serious consequences on the innocent victim. These devices include little-known object like the “sound” and other more well-known pieces of equipment like pacemakers and catheters. Patients deserve to have these devices used properly and in a safe manner. As this case indicates, even the best doctors in the country sometimes fall victim to medical error and seek representation to protect their rights. If you suspect that you or someone you know suffered due to a malfunctioning device, please contact our offices to learn more about your legal options.

A West Virginia woman recently filed a medical malpractice lawsuit against both her surgeon and medical device manufacturer C.R. Bard, reports The West Virginia Record.

The plaintiff, Betty Adkins, underwent surgery in November 2007 to treat her pelvic organ prolapse. According to the Mayo Clinic, pelvic organ proapse occurs with a weakening of the pelvic muscles supporting a woman’s pelvic organs. This muscle weakening may ultimately lead to the pelvic muscles slipping out of place. Surgery is often needed to correct the situation, as was the case with the Mrs. Adkins.

During the procedure Mrs. Adkins surgeon, Dr. Mitchell E. Nutt, implanted an Avaulta Plus Anterior and Posterior BioSynthetic Support System. The medical device installed by her surgeon was designed and manufactured by C.R. Bard.

Unfortunately, for Mrs. Atkins, the device has not operated as was intended. Instead, she has suffered severe pelvic pain, the loss of an organ, permanent physical deformity, and mental pain and suffering.

Betty Adkins trouble with her medical device is not uncommon. Our Chicago medical malpractice attorneys at Levin & Perconti have worked with clients time and again who suffered at the hands of improperly made devices and improperly implanted medical equipment. In each case, the consequences of the error were unnecessary physical and emotional suffering.

Medical devices are often necessary to save lives, but patients who need them deserve assurance that the device is in working order and installed properly. The most common devices include stents, dialysis filters, pacemakers, and hip/knee replacements. If you suspect that any of these or similar medical devices may had an adverse effects on your health, be sure to seek representation to protect your rights.

Medical malpractice attorneys have filed a class action lawsuit against a hospital after it informed more than 350 patients that they may have received unnecessary heart stents. The hospital had recently sent letters to the patients informing them that they may have received stents even though their arteries were not in fact clogged enough that they would need such a stent. The class-action lawyers state that the stents were implemented because of their $10,000 procedure costs. The hospital did not comment on the medical malpractice lawsuit.. Surgeries should only be performed if they are in the interest of the patient. To read into the class-action lawsuit, please click the link.

Scores of radiation overdoses at a medical center have been traced to a single cause. That cause is a hospital mistake made when resetting a CT scanner. Hospital officials said that the medical error occurred in February 2008, when the hospital began using a new protocol for a specialized type of scan used to diagnose strokes. The doctors had believed it would provide them more useful data to analyze disruptions in the flow of blood to brain tissue. However this meant resetting the machine to override the pre-programmed instructions that came with the scanner when it was installed. There turned out to be a misunderstanding about an embedded default setting applied by the machine and as a result there were higher levels of radiation administered to patients. The dose of radiation was eight times what it should have been. Once the scanner was programmed each patient received the overdose. The hospital error went unnoticed for the next 18 months, when a stroke patient informed the hospital that he had begun using his hair after a scan. 206 people had received the overdoses and 40% of them had suffered patchy hair loss. Excess radiation would be difficult to detect from simply looking at the scan results. Radiation exposure increases the likelihood of cancer. To read more about the radiation overdoses, please click the link.

A southern Illinois woman died after being severely burned in a flash fire while undergoing surgery. This has become a rare but vexing medical error in operating rooms. The victim died six days after being burned on the operating table at the hospital. The victim’s attorney had requested medical records from the hospital and that he had few details about what happened. The state medical examiner’s office said the victim died from complications of thermal burns and classified her death as accidental. The hospital only stated that there was an accidental flash fire in one of the hospital’s operating rooms injuring a patient before being immediately extinguished. The hospital could not state how the fire started but that it responded with necessary and appropriate measures. Surgical flash fires oftentimes are sparked by electric surgical tools when oxygen builds up under surgical drapes. The fires actually occur an estimated 550 to 600 times a year but only kill about one or two people each year. However, worries have mounted in recent years with increased use of electrosurgical devices and the replacement of cloth hospital drapes with those made of more-flammable, disposable synthetic fabric. To read more about the surgical fire, please click the link.

A woman learned from her hospital that medical devices used during her surgery may have caused severe infection in her brain. The severe and fatal infection is known as Creutzfeldt-Jakob disease. This disease causes dementia, memory loss, deteriorating eyesight, impaired thinking or judgment, and motor function loss in patients. The woman is under traumatic stress and has hired a medical malpractice lawyer to represent her best interests in this hospital negligence case.

Read more about the medical device infection here.

Over 2,000 diabetes patients may be at risk for a blood-borne illness due to an improper medical procedure. The reusable insulin pen system was implemented to allow patients to use the same pen over multiple times to inject insulin, but instead the pens were used multiple times on different patients.

For the full story, click here.

American Association for Justice is hosting a seminar on medical malpractice lawsuits this weekend in Phoenix, Arizona. The seminar will provide an in-depth understanding of medical negligence issues and trial strategies.

For more information.

A medical malpractice lawsuit claims that doctors at a hospital left a five-inch catheter inside a man’s heart, causing an infection that complicated his fight against cancer, then tried to cover up the mistake. The man says that the hospital should have known that a catheter being used to treat his non-Hodgkin’s lymphoma had broken off from a port in his chest after he began treatment. The catheter became a “time bomb” when it lodged in his heart and caused an infection which permanently damaged the organ. The medical center arranged for an operation to extract the catheter through his next and groin. The lawsuit seeks unspecified damages for negligence, medical malpractice, fraud and battery. The medical malpractice suit accuses the doctor of knowing the about the broken catheter “substantially before” the date the doctors claim to have discovered the device. The medical malpractice lawsuit also states that the doctor promoted surgery at the same hospital “in an attempt to extract the incriminating evidence” To read the full story, click here.

If a person had the Kugel Mesh patch implanted during their hernia surgery, there is a chance that their cure is worse than the disease. Some patients have experienced problems with their Kugel Mesh hernia patch that have caused serious, life-threatening conditions. The patch has a problem with the memory recoil ring component. Some patients claim that the mesh in their patch adhered to their organs. It takes future surgeries and the loss of portions of a person’s digestive system to get rid of the mesh. One patient claimed that the mesh attached to part of his bowel and he underwent surgery to remove the “gooey” matter that formed as a result. He suffered a severe infection and his abdomen protrudes through the loose muscle in his stomach. There have also been reports of internal fistulae and bowel perforations. People who are considering the Kugel Mesh patch should speak with their doctors before they make their decision. To read the full story, click here.

Hospira, a global medication delivery company, is voluntarily recalling a plastic product used to administer injections. A small number of products may be incorrectly labeled. Adverse effects from error may result in electrolyte imbalance, cardiac dysfunction, gastrointestinal disturbances, paresthesia and mental confusion.

For the full story click here.

After a woman had a cancerous lump removed from her breast, her doctor referred her to a specialist who uses a newer form of treatment where radioactive “seeds” are inserted in the tumor site. This procedure could be completed in only five days instead of the six weeks typically required for conventional treatment. This newer treatment has been performed on about 45,000 breast cancer patients in the country since the FDA cleared it for use. However, the patient sought a second opinion about this treatment and learned that it is still considered highly experimental. The MammoSite system is among the thousands of devices the F.D.A. lets onto the market each year only cursory review and with no clear evidence that they help patients. Doctors are free to use those products as they see fit, yet they do not have to inform patients that the devices are not proved. The doctors are frequently paid more by Medicare as a way to compensate them for the extra time and expense of adopting new procedures. This allows the unproven products to become widely adopted. Thus, there is a growing debate among cancer specialists on whether there is enough evidence to recommend the new treatment to woman who are not part of a clinical study. To read the full story, click here.