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The Journal of the American Medical Association (JAMA) recently published a large series of studies that primarily involved the risks and benefits of testosterone replacement therapy.  A recent article from Star-Telegram examined the results of these and discussed what they mean to those who are considering taking testosterone replacement therapy (TRT) drugs, or have already begun taking them and are worried about possible adverse effects and complications.

syringeThe first thing to understand is that while hundreds of thousands of men are taking testosterone replacement therapy drugs every year, the medication was first developed in the 1960’s to treat a relatively rare medical condition known as hypogonadism.  This condition involved extremely low levels of testosterone in men due a glandular defect and would affect normal development.   Continue reading

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When you go into a hospital on the day of your surgery, you have likely met with your surgeon and discussed the risk and benefits of the benefits of whatever procedure you are scheduled to have that day, assuming you are not brought into the emergency room and rushed into an operating room.  You are likely confident that surgeon has the skill and experience to do his or her job properly, and while this is very likely true, if your surgeon is unknowingly using a defectively-designed medical device, the chance of a complication may be exceedingly high.

surgeonIn a case from the Washington State Supreme Court, a surgeon who had used a defendant’s surgical assist robot on numerous occasions spoke to the patient about his intention to use the relatively new device to operate on the patient’s prostate cancer. The doctor obtained informed consent from the patient, who was considered severely obese at the time of his surgery.   Continue reading

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A recent case from the Supreme Court of New Jersey involved a products liability action filed against the major pharmaceutical maker that is now known as Roche in connection with its Accutane drug.  Accutane is the brand name for the drug isotretinoin. The drug was originally developed by Hoffmann-La Roche labs and was used to treat a severe skin condition known as nodular acne.  It was also used in some cases to treat a form of skin cancer.

pillsWhile the drug was effective at treating acne, it had some serious side effects associated with it.  In some cases, it would lead to severe birth defects.  For this reason, women taking the drug had to be counseled against becoming pregnant while taking it, and also needed to either abstain from sex entirely or use what were considered effective contraceptives.  Condoms were not considered sufficient when not used in conjunction with another method of birth control.  For this reason, Accutane is considered a teratogen, meaning it can cause birth defects. Continue reading

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In one recent case from the U.S. Supreme Court for the Fourth Circuit, a plaintiff, along with her husband, filed a lawsuit against Eithicon, the makers of a of popular transvaginal mesh medical device that has been the subject of numerous products liability lawsuits.

sadIn this case, plaintiff testified that after having the Ethicon (Johnson & Johnson) device implanted, she started to experience serious complications that resulted in significant pain and suffering.  In this case, the device was known as a Tension-Free Vaginal Tape-Obdurator. This device is typically referred to by its abbreviated name, TVT-O.   Continue reading

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Hernia mesh manufacturer Atrium Medical Corp. will face multi-district litigation (MDL) in a federal New Hampshire court, after a  judicial panel surgeryagreed to centralize all federally-filed claims against the company for its C-QUR product. More than a dozen claims are pending at this juncture.

Atrium’s C-QUR hernia mesh was produced for use in reinforcing the abdominal wall as a permanent solution after hernia surgery. The company has said its unique Omega-3 coating lowers the risk of adhesions to internal organ tissue – which had been a major problem with other hernia mesh devices. However, plaintiffs in these pending lawsuits say the polypopylene patches were negligently designed and the company fraudulently convinced doctors the product was safe when executives and scientists with the firm knew it wasn’t.

Specifically, plaintiffs allege the netting of the product is “biologically incompatible” to be used with human tissue. This resulted in an unreasonable risk of serious medical complications, including infections.  Continue reading

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The U.S. Food and Drug Administration is a federal regulator without a key regulatory power: Recall. blindinglight

That’s why when investigators with the agency confirmed there were high levels of a potentially lethal toxin in toddler teething tablets, there was really nothing they could do other than announce it. The manufacturer of the tablets refused to issue a recall, and the FDA was powerless to force them to do so.

This could soon change. At least, that is the hope of lawmakers supporting the Recall Unsafe Drugs Act. This measure, H.R. 1108, would give the FDA the authority to order mandatory recalls on dangerous drugs and homeopathic products. The measure would revise the current law for the FDA to be allowed to issue mandatory recalls for products it does not directly regulate. The proposed law would also give the agency the power to issue mandatory recalls of pharmaceuticals that have been shown to cause serious health consequences and/or death.  Continue reading

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A widow has filed a wrongful death lawsuit alleging her husband’s death while at work on an aerial lift doing tree removal was preventable, had it not been for alift defective lift.

Plaintiff, as representative of her husband’s estate, alleges the manufacturer of that aerial lift is liable for designing and selling defective equipment that was unreasonably dangerous.

Legal Newsline reports the product liability lawsuit stems from a fatal work accident that happened in May 2015, when decedent, working for a tree removal and maintenance service, was working as part of a team with two other men using an aerial lift to remove a tree from the site. According to reports of the incident, decedent was on the ground gathering up debris while a co-worker was working behind the vehicle when he felt it suddenly – and oddly – shake. When the co-worker investigated further, he discovered that the boom arm had collapsed. The third co-worker, who had been operating the lift, was ejected, while the aerial lift bucket violently struck decedent. He died of his injuries even before emergency medical responders arrived.  Continue reading

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A subsidiary of product manufacturing behemoth Johnson & Johnson is facing a product liability lawsuit for allegedly selling defective breast implants to unsuspecting women, causing them to suffer health woes such as muscle pain and nausea. The defective implants are reportedly made of a silicone base, and leakage has resulted in a host of problems for patients. woman

Bloomberg reports the subsidiary, Mentor Worldwide, is accused of negligence for its alleged failure to carry out proper studies of its implants. In particular, plaintiff alleges the company refused to explore potential health risks, as it was required by federal regulation agencies to do. The lawsuit, filed in a state court in California, alleges that leaks occur as a result of normal use, and the silicone in the products cause serious injury when it seeps out of the device and into the body.

You may recall that the U.S. Food & Drug Administration had forbidden any companies from selling silicone-based breast implants for nearly 15 years, beginning in 1992. The devices were shown to cause cancer and Rheumatoid arthritis. Initially, a $4 billion settlement was reached to cover all those claims, but that deal eventually fell apart and several firms filed for bankruptcy. The blanket ban on breast implants was lifted in 2006 and today, there are still only three companies – Mentor Worldwide included – that are permitted to sell silicone-based breast implants. Last year, the total market for breast implants nationally topped nearly $640 million. According to the American Society of Plastic Surgeons, about 8 in 10 women undergoing breast implant procedure choose to have the silicone-based product. Continue reading

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An alleged vehicle defect of the throttle caused a motorist to suffer personal injuries when the car rapidly decelerated without warning, according to a proposed class action lawsuit filed in a federal court in California recently. speedway

The lawsuit further asserts the auto manufacturer, Ford, was aware of this defect for years and failed to warn consumers about it.

Plaintiff asserts that the defective electronic throttle body control systems decelerate both suddenly and unintentionally, causing a potentially fatal error. The design flaw allegedly extends not just to the 2012 Ford Explorer, which is what plaintiff was driving at the time of this reported incident, but also to other models of Ford, Lincoln and Mercury vehicles. Rather than own the error and make consumers aware of it, plaintiff says, defendant manufacturer has publicly downplayed the potential danger and has refused to offer to fix the alleged defect or to reimburse vehicle owners for the cost of necessary repairs. Continue reading

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Tesla Motors has come under fire in the last year after a series of collisions – one fatal – that involved the use of its Autopilot assisted driving system. The question is whether Tesla improperly deployed and marketed this system, which despite the name still does require substantial involvement from the driver. steering wheel

The aggressive “beta-test” of its Autopilot self-driving technology forced government regulators to step in, with input from other car manufacturers, to consider how human drivers should interact with increasingly more sophisticated vehicles and whether the advancements were simply too much too soon. A recent analysis by Consumer Reports magazine urged Tesla to disable the automatic steering feature until either the software is updated to require drivers’ hands on the steering wheel or else until no driver involvement is required at all.

CNN reported federal auto safety investigators with the National Highway Traffic Safety Administration (NHTSA) cleared Tesla of having an inherent vehicle defect resulting in a fatal car accident in Florida in which Autopilot system was engaged, but failed to detect an oncoming white tractor-trailer against the brightness of the mid-day sky. The Autopilot system was built to keep a vehicle in its own lane, and the car is capable of braking on its own. The feature is designed to be used on limited access highways with on- and off-ramps and not, as decedent driver was using it, on roadways where cars or trucks can cross in front of the Tesla.  Continue reading

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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
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308 Victory Rd
Quincy, MA 02171
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Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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