Drugs and Medical Devices

Dangerous Surgical Instrument - $5,125,000
Our medical device lawyers obtained a settlement in the amount of $5,125,000 on behalf of a 54-year-old university school teacher who suffered major complications after undergoing treatment with a surgical device, recently designed and introduced on the market, to treat gastroesophageal reflux disease (also known as heartburn).  The surgery was to be “minimally invasive” but instead the medical device used to perform the surgery caused significant burning and scarring of our client’s esophagus.  She went on to suffer esophageal rupture, sepsis, major organ failure, and lapsed into a coma.  While unconscious, she developed paralysis.  She lost normal movement and function in her lower extremities.  The maker of the device claimed that it could not be sued because the device had been approved by the FDA.  Our attorneys prevailed on a motion for summary judgment in the trial court, and the case was then resolved by way of settlement just before trial.   

Dangerous Diabetes Drug - $2,500,000 Settlement
Our pharmaceutical injury lawyers successfully recovered $2,500,000 on behalf of a 63-year-old Sacramento woman who was prescribed a diabetes drug that resulted in liver failure and the need for a liver transplant.  The drug had been approved by the FDA, but was later recalled.  The drug maker initially claimed that the drug was safe.  However, our attorneys were able to demonstrate that the manufacturer knew about problems with impaired liver function, but never adequately warned doctors or the public about this side effect, and limited any mention of possible liver damage to the “fine print” of its package insert.  Because of the manufacturer’s failure to tell prescribing doctors about the problem, our client’s physicians were unaware that her liver failure was due to the drug – delaying an accurate diagnosis for almost six months, by which time her condition had become life-threatening.