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Dangerous around the household that can cause injury to small children can include things like household chemicals such as liquid drain cleaner, cleaning products, sharp edges, electrical outlets, the strings used to raise vertical blinds and similar items. However, furniture can also pose a serious risk to small children when it is defectively designed, lacking features to ensure it is properly secured. If a product is defectively designed, or a hidden hazard is not conveyed to the consumer before an injury occurs, it can be grounds for a product liability lawsuit.

Boston products liability lawyer According to a recent news article from CNN, an eight child has died from as a result of a toppled dresser from IKEA.  These dressers are the very popular MALM style units that come in a variety of sizes ranging from three to six drawers. These dressers were recalled in 2016, but injuries and deaths are still occurring.

It’s important to point out that a recall does not insulate a manufacturer from liability. However, the recall also can’t be used as proof positive the product was defective, as lawmakers and courts did not want to dissuade product makers from warning the public about potential dangers. That said, details that emerge following a product recall can be useful in a product liability lawsuit.  Continue reading

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When you buy a product, you expect that it will work for the purpose in which it was intended. In some cases you end up  with a defective product and are annoyed and have to try get your money back.  When the product is not only defective but also dangerous, this can lead to serious personal injury and the need to file a Boston products liability lawsuit.
Boston Products Liability According to a recent news article from Fox News, Kidde, one of world’s largest manufacturers or fire smoke alarms and fire safety equipment has issued a recall on over 38 million fire extinguishers. The two models of handheld fire extinguishers are among the most popular models and the recall states that these products may fail to work as designed during a fire emergency.

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Elective hip replacement surgery has grow in popularity to where it has become has become one of the most common surgeries in the U.S. with hundreds of thousands of operations performed year.  This is partially because younger patients are getting artificial hip implants and because of the massive marketing push by the medical device manufacturing firms.  The problem occurs when companies rush dangerous defective artificial hips onto the market without taking the time to do proper and required safety testing.

Prodcuts liability Boston According to a recent news article from MedGadget, a new sales index and forecasting system is evaluating the global hip replacement market and has estimated that sales are to reach $5 billion a year by 2021.  These companies are making a lot of money and they are trying to show “healthy” growth from quarter to quarter.  While this is done in the name of efficiency to make shareholders happy, it also leads to corners being cut at the expenses of patients who have no idea they are about to receive a defective hip implant that can cause tremendous pain and suffering, lost time at work during the surgery and recovery, and many other types of legal damages. Continue reading

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The first lawsuit against Bayer AG and Janssen involving the drug Xarelto has started in a state court.  Most products liability cases involving dangerous or defective drugs are filed in federal district courts.  These cases can however, be filed in state courts across the county so long as jurisdiction is proper.  The cases do not usually end up going to trial in state court even if they commence there, because pursuant to 28 U.S. Code § 1446, a defendant may remove a case to federal court as long there is proper subject matter jurisdiction and personal jurisdiction.

Personal Jurisdiction in Federal Court 

Products Liability cases BostonPersonal jurisdiction, also known as in personam jurisdiction means that the parties have some ties to the forum state making the action proper within the context of Due Process. This is usually not hard to satisfy as long as the case is removed to the a federal court that sits in the same jurisdiction in which the state court action was originally filed.  For example, if a plaintiff was injured by Xarelto in Boston and filed a case in the Suffolk County Superior Court, the case could removed to the U.S. District Court for the District of Massachusetts which is also located in Boston.  Continue reading

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Over the past decade, drug companies have been heavily marketing the sale of so-called testosterone replacement therapy as a treatment for the signs of normal male aging, despite a lack of proven benefits and evidence of serious health risks.  According to a recent news article from Commercial Appeal, a jury has awarded one plaintiff over $140 million in a product liability lawsuit filed after popular testosterone replacement therapy drug, AndroGel, caused him to have a massive heart attack.

hip replacement lawyerThis case was filed in federal district court located in Chicago and the defendant was AbbVie, a major drug manufacture and maker of AndroGel.  The break down of the damages was $140,000 in compensatory damages and $140 million in punitive damages.  Continue reading

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A British federal agency has discovered serious safety testing flaws on metal hip implants, sparking concern the devices were defective and dangerous as sold.

Most artificial hip joints are made from metal, plastic, and cements or a combination of these materials.  The DePuy Pinnacle and DePuy Pinnacle ASR hips were not designed like ordinary artificial hip implants.  These hips were designed with an all metal construction. This means that both the ball and socket were made entirely of metal.  The idea, as suggested by the company’s marketing department is that a metal-on-metal hip joint would be smoother than a traditionally-designed implant.  This in turn would allow younger hip replacement patients to lead a more active life as the joint would act like the patient’s uninjured natural joint.

Defective Hip lawyerUnfortunately, things did not go as planned by the company.  Like most metal surfaces, when it is subject to extreme amounts of force and rubbed against other metal surfaces, it creates friction and this leads to integral breakdown.  There are many consequences to a hip joint breaking down prematurely. Continue reading

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A recent study conducted by nine prominent orthopaedic surgeons and published in The Journal of Knee Surgery revealed the Attune Total Knee Arthroplasty System had an unusually high rate of failure, prompting calls for further research. The study came on the heels of the first (of what may be many) product liability lawsuits filed against Attune manufacturer DePuy Synthe, a subsidiary of Johnson & Johnson. defective knee replacement

The company promises the knee replacement devices, approved by the U.S. Food & Drug Administration’s 510(k) fast-track process in 2010, will improve range of motion and give patients a stable knee replacement for years to come. The American Academy of Orthopaedic Surgeons reports successful knee replacements can last up to 20 years or more. Over the last several months, however, the firm has filed several dozen reports with the FDA that document early failures resulting in destabilization of the knee replacement and painful revision surgeries.

The recent study analyzed the high failure rate, and attributed much of it to the “debonding of the tibial implant-cement interface.” In layman’s terms, surgeons found that the adhesive being used to bond the implant and keep it in place is inadequate. This results in a loosening of one of its components, destabilizing the entire knee.

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Defective hip implants are a major and ongoing problem throughout the U.S., yet the demand for the procedure is at an all-time high.

A recent analysis of the of the state of the hip replacement market though 2024 by Persistence Market Research looks at trends in the industry based up statistical research and predicts the state of the market in several years to come. A total hip replacement is the most common elective surgical procedure in the United States with over 600,000 artificial hips implanted in patients in any given year.

hip replacement lawyerWhen we look to the global numbers, as discussed in this marketing study, we see these numbers are just as high in many other places in the world and the world market for hip implants is expected to increase at 4.7 percent, and when break down the numbers, this is a massive increase. Continue reading

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There are many reasons a car accident can occur in Boston. Most of the time, the crash occurs as a result of an at-fault driver who was engaged in negligent driving.  However, in some cases, including single-vehicle accidents, we are actually dealing with a products liability issue.

Boston Products Liability Attorneys A products liability case is a type of civil lawsuit, still based upon a theory of negligence, like many others, but in these cases, the accident was caused by a defectively designed product, including a motor vehicle, or a product that had a hidden danger, and the company, dealer, or supplier failed to warn potential plaintiff’s (customers) of that known danger. Continue reading

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There are many types of artificial hip implants on the market.  Many involve the use of a cement, composite, metal, or some combination of both.  One devices that proved particular troublesome due to design defects and failure to warn doctors and patients of known dangers was the Pinnacle ASR metal on metal hip implant manufactured by a company called DePuy.

Boston Products Liability The metal on metal hip used both a metal ball and socket in the artificial joint.  The theory, according to company marketing material, is that metal on metal would be smother and have less friction than other designs.  This would mean that a patient could theoretically lead a much more active lifestyle since the hip joint would move more freely. Continue reading