Boston defective medical devices

September 3, 2017

Defective Medical Device Lawsuits

There is no question that medical devices and durable medical equipment are big business. There is also a lot of competition and these medical device firms are trying to get as many new products on the market as possible to maximize profits. While that can result in a lot of good for patients in need of new treatments, The rush to market can also result in shortcuts being taken, and these shortcuts are often taken at the expense of patients’ health and safety.

One of the reasons they are able to get these new devices on the market so quickly is because of a loophole of sorts in the medical device regulations governed by the U.S. Food and Drug Administration (FDA). If there is a similar device already on the market, and there often is, the company may be able to skip certain testing and then go back and do post-market testing. Continue reading

July 7, 2017

Products Liability Claims involving Dangerous Vehicles

by Jeffrey S. Glassman

There are various types of claims that can be filed in a civil tort lawsuit. Briefly, according to the Second Restatement of Torts, a tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which the courts may impose liability. This definition is the one used by judges and is taught to every law student in America. Essentially, this definition means that when someone does something that causes an injury to another person, and this is the type of conduct for which the court will impose a remedy, a case can be filed on this basis.

There are various different types of torts, and there are also what are known as intentional torts and negligence torts. For the purposes of personal injury law, we are mainly talking about negligence torts, though, there can also be a lawsuit for intentional torts like assault and battery, false imprisonment (civil kidnapping), arson, conversation (theft) and various others. Continue reading

March 18, 2016

Verdict: $500 Million to Defective Hip Implant Victims From J&J

by Jeffrey S. Glassman

Product-producing giant Johnson & Johnson, along with its DePuy unit, lost a $500 million verdict in a case involving five plaintiffs who alleged they were injured by defective hip implants. Specifically, the Pinnacle metal-on-metal implants, which are known to not only fail more quickly than advertised, but to cause serious injury in the form of tissue damage, bone erosion and high levels of metal in patients’ blood.

The decision followed a two-month trial and a one-week juror deliberation period. Jurors ultimately decided these artificial hips were not only defectively designed, but that the companies that sold them did not warn the public about the potential risk, as they had a duty to do.

This prompted jurors to award not just $140 million in compensatory damages, but an additional $360 million in punitive damages. Compensatory damages are intended to compensate the victim. Punitive damages, which are also paid to the victim(s), are intended to punish the defendant for egregious behavior and gross negligence. Continue reading