Tagged Articles

compensation 43 articles

Alabama man files lawsuit against maker of recalled artificial hip

When a Gaylesville, Ala., man received a hip implant in January 2007, he fully expected to keep his artificial hip for the next 15 years or more. But two years later, his device failed, leaving him in severe pain. The man received the ASR XL Acetabulator hip replacement system, manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. The hip implant was recalled in July 2010 after mounting reports of premature failure. The man turned down DePuy and Johnson & Johnson’s offer to pay for revision surgeries to replace the defective artificial hip, opting instead to seek compensation for ... Read More

Woman’s creaking hip was first sign of trouble with defective hip implant

Judy White felt her body was as fragile as an eggshell when she walked across her garden or knelt down to pick up a flower pot. The creaking that radiated from her leg made her even more concerned that the “worn out” hip she had replaced in order to make her more mobile might have actually caused her more harm that good. White, who had received the DePuy Orthopaedics ASR XL metal-on-metal hip replacement system, had to undergo revision surgery to have her faulty hip implant replaced. When White learned that the device that had been implanted in her body ... Read More

Patients with metal artificial hips may have case against manufacturer

About a thousand lawsuits have been filed against Johnson & Johnson subsidiary DePuy Orthopaedics over its defective ASR hip replacement system, which caused patients pain, disability and additional surgeries. However, the company refuses to compensate patients for anything more than their medical expenses. Soon after the DePuy metal-on-metal artificial hip hit the market in 2006, reports of premature failures began to pour in. The devices were loosening, dislocating and fracturing. Patients were also testing positive for metallosis, a blood poisoning caused by bits of metal from the device leaching into the bloodstream. By fall of 2010, DePuy had little choice ... Read More

New Zealanders cannot sue defective artificial hip maker

More than 507 New Zealand patients received the defective DePuy Orthopaedics ASR hip replacement system, and 28 have had to have them removed since last year. Yet New Zealanders cannot sue the Johnson & Johnson subsidiary that manufactured the defective devices because large corporations there are protected by ACC, or Accident Compensation Corporation. Last year, DePuy announced it was recalling its ASR hip replacement system after studies showed the devices were failing at a higher than expected rate. Patients who received the faulty implants had experienced problems such as loosening, dislocating and fracturing, and many had to have revision surgery ... Read More

BP explosion exposes antiquated laws and limits

Members of Congress are working to repeal the Death on the High Seas Act of 1920 (commonly referred to as DOSHA), an antiquated law that sets limits on the damages that family members and other dependents can collect in the wake of a deadly offshore incident. The push to repeal the law is being driven by Rep. Edward Markey (D-Mass.) and other members of the House Energy and Commerce Committee, who have conducted hearings on BP’s April 20 rig explosion that killed 11 workers and created an uncontrollable oil spill in the Gulf of Mexico. In the hearings, the wives ... Read More

Tourism in Gulf Coast states already taking a hit from oil spill

As the Deepwater Horizon oil slick looms in the Gulf of Mexico about 50 miles south of the Louisiana, Mississippi, Alabama, and Northwest Florida coasts, the area’s tourism industry has already felt an enormous impact. Except for parts of Louisiana by the Mississippi River Delta, no oil has washed ashore in the threatened area, but already the hotels are swamped with reservation postponements and cancellations, sport fishing and scuba diving boats sit idly in marinas, and hundreds of restaurants and shops are burdened by empty tables and vacant aisles. Some Pensacola, Florida, business owners say that all of the negative ... Read More

BP's 'willfull misconduct' key to full compensation for oil spill damages

BP CEO Tony Hayward has said that his company will pay for all “legitimate” damages caused by the Deepwater Horizon oil spill, but those expenses are impossible to calculate as the site continues to spew more than 200,000 gallons of crude into the Gulf of Mexico every day. As the costs escalate, both the White House and Congress are taking measures to ensure that BP adequately compensates for the economic damage that is bound to occur in the volatile communities along the Gulf Coast and possibly beyond. In BP’s favor is a mere $75-million cap on liability for oil-spill damages ... Read More

Chrysler, GM bankruptcy deals strip victims of legal recourse

Dozens of accident victims and their lawyers made their way to Washington, DC, and the halls of Capitol Hill last week, urging lawmakers and the Obama administration to protect their ability to pursue medical claims against Chrysler and General Motors. In a May 31 ruling, U.S. Bankruptcy Court Judge Arthur Gonzalez overruled objections lodged by the Ad Hoc Committee of Consumer-Victims of Chrysler LLC and other consumer groups when he approved the sale of Chrysler to Italy’s Fiat, free and clear of outstanding legal claims against the U.S. car manufacturer. Gonzalez effectively ruled that only liabilities that promote Fiat’s commercial ... Read More

Mid-air emergency in Australia leaves passengers with personal injuries

In Australia on October 10, a plane that encountered a mid-air emergency resulted in injuries to 50 passengers. This mid-air emergency could cause Qantas to spend millions of dollars to compensate passengers. According to the Australian News, the Australian Transport Safety Bureau reported that “data obtained from the A330-300’s recorder and cockpit voice recorder showed the jet had been cruising at 37,000ft before it suddenly climbed about 200ft, then pitched nose-down to descend about 650ft in 20 seconds.  The plane then returned to cruise normally before descending 400ft in another nose-down pitch, which lasted a further 16 seconds.” When the ... Read More

men compensated for injuries in 18-wheeler accident

In Waxahachie, Texas, Ellis County Jury has granted two men $1.5 million dollars in compensation for injuries they received in an 18-wheeler accident two years ago. An 18-wheeler veered in the lane of Ronny Martinez and Kenneth O’Neal. When the 18-wheeler collided with the men’s car, the car rolled several times, causing Martinez to suffer from a fractured vertebra and O’Neal to suffer knee problems, resulting in several reconstruction surgeries. That was not all for O’Neal. He also experienced brain trauma and an injury to his collarbone. Martinez and O’Neal filed a personal injury lawsuit against Indianapolis, Indiana-based Celadon Trucking ... Read More