Wednesday, April 3, 2013

DePuy ASR California Trial Update


A California Superior Court judge has issued a final judgment of $8,260,790.85 after the recent trial in a DePuy ASR hip implant case, representing a reduction of $77,345.27 in the jury’s award of compensatory damages.

Los Angeles Superior Court Judge J. Stephen Czuleger said in issuing the judgment March 22 that the parties agreed that the $338,136.12 awarded for medical expenses should be reduced under Montana law to account for amounts payable by a collateral source.

The judgment left intact the jury’s award of $8 million in non-economic damages to plaintiff Loren Kransky.

 

Saturday, March 30, 2013

GranuFlo Disaster



GranuFlo and NaturaLyte are acid concentrates used during dialysis to remove toxins from the blood. Dialysis takes the place of the kidneys in clearing toxic waste from the blood. Part of this involves providing bicarbonate, an alkaline substance, to neutralize the acid that builds up in the blood. GranuFlo performs different functions, but it does contain an ingredient that the body converts to bicarbonate, and it contains more of this ingredient than rival products.

A company named Fresenius Medical Care manufactures GranuFlo. Fresenius, based in Germany, treats more than a third of the estimated 400,000 Americans receiving dialysis treatment. It is also the leading supplier of dialysis machines and disposable products, which are used by many clinics in addition to its own.
An internal memo, dated November 4, 2011, found that 941 patients had suffered cardiac arrest inside Fresenius clinics in 2010. By comparing these patients with others, the company’s medical staff concluded that patients with high levels of bicarbonate in their blood had about six times the risk of cardiac arrest as those with lower levels. This memo was sent to doctors practicing in the company’s dialysis centers, warning them that failure to properly use one of the company’s products appeared to be contributing to a sharp increase in the risk of patients dying suddenly from cardiac arrest.

Fresenius did not immediately warn other centers that use of GranuFlo could cause serious health effects. It did so only later when the F.D.A. anonymously received a copy of the internal memo and questioned the company about it. Thereafter in March 2012, Fresenius issued an “Urgent Product Notification” to its customer clinics warning of possible heart risks associated with their products. According to the notice, GranuFlo and NaturaLyte have the potential to cause a rapid and unsafe elevation of bicarbonate, which creates a substantially increased risk of cardiopulmonary arrest and death.

The F.D.A. would later deem Fresenius’ notification a Class I GranuFlo recall, its most urgent type of recall.

The attorneys at Pittman, Dutton & Hellums, P.C., are currently investigating claims against the manufacturers of GranuFlo and NaturaLyte. If you or a loved one were a  dialysis patient who suffered heart attacks, sudden cardiac death, and other catastrophic heart side effects within 48 hours of a dialysis treatment with GranuFlo or NaturaLyte, please contact Booth Samuels at booths@pittmandutton.com or toll free at 1-866-515-8880.

Thursday, March 28, 2013

Could Latest NFL Agreement Effect the NCAA O'Bannon Case?

This month, the NFL settled a case with former NFL athletes for $42 Million over use of likeness issues. The outcome of the case could have a direct impact on how to resolve the O'Bannon case.

Below are a few links regarding the settlement and the fund created out of the settlement. Also below is a piece on how the Big 10 of college athletics could possibly respond to an outcome in the former athletes' favor.

http://www.usatoday.com/story/sports/nfl/2013/03/18/nfl-settlement-retired-players-nfl-films/1997539/

http://profootballtalk.nbcsports.com/2013/03/18/nfl-retired-players-settle-lawsuit-over-use-of-players-images/

http://sportsillustrated.cnn.com/college-football/news/20130318/big-ten-jim-delany-ncaa-obannon/