Verdicts and Settlements for Clients Injured by Dangerous Medical Devices and Defective Drugs
Our catastrophic injury team obtained a settlement in the amount of $5,100,000 on behalf of a 54–year–old woman who suffered major complications after undergoing treatment for esophageal reflux disease. During the procedure, a newly designed surgical instrument malfunctioned. After the surgery, our client developed massive sepsis, heterotropic ossification and paralysis. As a result of the sepsis, she also suffered major organ failure and coma and was left in chronic pain. She ultimately lost normal function in her ankles, knees, hips, shoulders and elbows. Although it was claimed that the device complied with all Food and Drug Administration (FDA) regulations, our attorneys demonstrated that the design of the surgical tool was defective. The recovery included compensation for medical bills, past and future, as well as lost wages and damages for pain and suffering.
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” on 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.
Defective Breast Implants — Multiple Settlements
Our product liability group represented a class of women whose silicone breast implants failed, leaking silicone and causing connective tissue diseases, autoimmune disorders and lupus. The total amount of each client's settlement differed depending upon the nature and extent of the woman's disability, whether she required surgery, her age, the amount of her medical expenses, whether she was left with cosmetic disfigurement, and whether it was likely she would require future medical care. Our drug liability lawyers demonstrated that the makers of silicone breast implants (including Bristol–Myers–Squibb, Dow–Corning, McGhan Medical and Surgi–Tech) knew or should have known that the plastic implant capsules were likely to break down and leak silicone gel and that free silicone would move within the body with the potential of causing great harm.
Vioxx — Heart Attack Settlements
Our product liability team is in the midst of litigating with the makers of Vioxx, an osteoarthritis drug intended to relieve pain and suffering, but which, in fact, has caused great harm by virtue of the drug's propensity to cause heart valve injury, heart attacks and strokes. Our cases are currently in litigation, with trial dates set in the future. Settlements in these cases have not yet occurred.
L-Tryptophan — Multiple Settlements from $100,000 to More Than $1 Million
Our product liability team represented 23 injured consumers who had taken the over-the-counter supplement L–Tryptophan. They developed a wide variety of problems, including elevated blood pressure, stroke and heart disease.
Defective Knee Prosthesis — Multiple Settlements
Our medical device lawyers represented 13 residents of a single town who all experienced knee prosthesis failure. The national corporation that made the knee joints attempted to defend the claim on the basis that they were not defective and that the cluster of failures was unrelated to any problem with design or material handling. Our attorneys hired experts to prove that the raw materials used in the joints had not been correctly sterilized, and as a result, the components were prone to deterioration and failure and would require premature replacement. Our clients recovered the cost of the unnecessary surgeries, follow-up care, and general damages for pain and suffering. The settlement amount for each client varied depending upon the nature and extent of the disability, the age of the injured client, the amount of out–of–pocket expenses, and the extent and nature of probable future medical care.
Defective Heart Stent — Confidential Settlement
Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently introduced stent. The stent (which is currently under investigation by the FDA) caused a massive blood clot, which in turn resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who demonstrated that the manufacturer's premarket investigation and testing were inadequate, and that the instructions given to operating surgeons regarding the use of blood thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.
