“David and I have built our careers on one simple principle: Fight For Victims. Whether you have been the victim in a personal injury case, been sexually abused by clergy, injured by a defective medical device or dangerous drug, or suffered other injury, we are here to help. Call our firm, let’s discuss your case and see if we can take on the fight for you.”
“David and I have built our careers on one simple principle: Fight For Victims. Whether you have been the victim in a personal injury case, been sexually abused by clergy, injured by a defective medical device or dangerous drug, or suffered other injury, we are here to help. Call our firm, let’s discuss your case and see if we can take on the fight for you.”
Exactech Recalls Another Dangerous Medical Implant
This latest recall of 40,000 hip implant systems comes on the heels of a challenging year for Exactech. In 2021, Exactech recalled thousands of ankle and knee implants because they contained defective parts. Before that, Exactech had problems with their Optetrak knee replacement implants.
Now, the recalled hip implants seem to have a similar problem and are causing patients to need the defective devices surgically removed and replaced.
What Implants Are Part of the Newest Exactech Recall?
The recall affects the following products manufactured by Exactech Inc:
Acumatch GXL Acetabular Liners
MCS GXL Acetabular Liners
Novation GXL Acetabular Liners
Exactech All Polyethylene Cemented Acetabular Cup
Acumatch Conventional UHMWPE
MCS Conventional UHMWPE
MCS Conventional UHMWPE
Why Did Exactech Recall Hip Implants?
The recalled hip implants contain polyethylene inserts, a critical part of the medical devices. In a letter regarding the recall to patients, Exactech explained,
“Exactech learned that these polyethylene inserts can potentially become oxidized prior to and after implantation into the body. Oxidation is a natural chemical process that occurs when materials are exposed to the oxygen in the ambient air. In the case of these Exactech hip polyethylene inserts, the oxidation levels in the plastic are higher than desired. If a large amount of oxidation takes place prior to and after the plastic liner is implanted into the patient’s hip joint, it can cause the plastic to wear out earlier than expected or to become damaged after it is implanted into the patient’s body.”
Recalled Defective Medical Implants Have Caused Injuries
Exactech confirmed in their letter that these plastic inserts have worn out earlier than expected in some patients, which can lead to the need for evaluation and treatment for pain and swelling. In some cases, revision surgery is necessary.
Some indications that the hip implant may fail prematurely include instability, pain while walking, pain in the groin area, swelling, grinding noises, inability to bear weight, or new clicking sounds. If you are experiencing any of these symptoms, you might need revision surgery.
Degraded polyethylene can also cause bone loss which might make for complications with surgery and rehab.
Alonso Krangle, LLP is Evaluating Exactech Lawsuits
Did your surgeon implant a device that Exactech has recalled? If you have experienced complications with a recalled medical device that required revision surgery, you might be entitled to file a lawsuit and collect damages for your injuries.
Our lawyers have experience filing lawsuits against manufacturers of defective medical devices on behalf of injured people.
We are reviewing Exactech lawsuits now.
Call Alonso Krangle, LLP today at (800) 403-6191 to find out if you are eligible to file an Exactech lawsuit and collect compensation for your injuries.
Optetrak Knee Replacement Lawsuits Are Being Filed Against Exactech
In February 2022, the Optetrak Comprehensive Total Knee System was the subject of a massive recall. At that time, Exactech, Inc. acknowledged that nearly 150,000 of its Optetrak knee replacement devices were prone to premature degradation because of a defective packaging issue.
The premature degradation could result in the failure of the knee replacement long before expected and at a very high rate compared with other devices.
Patients across the country have already experienced complications and have required revision surgery to ease the pain, swelling, and instability caused by the defective Optetrak knee parts.
Many of these individuals are filing lawsuits against Exactech, seeking significant damages.
Our lawyers at Alonso Krangle are interviewing potential clients who might have claims against Exactech related to the defective Optetrak device. If you had a knee replacement that required revision surgery and your doctor used an Optetrak total knee system, call our office today at 800-403-6191 to find out if you are entitled to file an Exactech knee replacement lawsuit.
What Are The Allegations In Optetrak Knee Replacement Lawsuits?
One such lawsuit filed on March 9, 2022 in the US District Court for the Southern District of New York lays out some of the issues that have potentially affected thousands of patients who received the defective Optetrak device as part of knee replacement surgery.
The plaintiff, in this case, suffered complications related to the degradation of her Optetrak device, which resulted in pain, suffering, and the need for revision surgery.
Some allegations include:
During the recent recall of Optetrak comprehensive total knee systems, Exactech acknowledged and admitted that the devices’ packaging system was defective and improper.
Because the polyethylene insert, a crucial component of the Optetrak knee device, was improperly packaged, it was prone to premature degradation.
Because of the defective packaging, the polyethylene inserts degraded prematurely and caused the patient to require revision surgery.
The complaint also alleges that Exactech knew that their Optetrak knee devices were prone to failure at a much higher rate than similar systems made by other companies long before they announced the massive recall.
That Exactech should have warned patients and doctors of the higher-than-normal failure rate and chance of degradation by placing a warning label or insert with the items.
That Exactech failed to notify the public of the dangers of the Optetrak device in a reasonable amount of time
That Exactech did not conduct adequate testing or quality control of their products.
Not all knee replacement lawsuits against Exactech will have the exact same facts. However, the issues and allegations referenced above will likely be common threads that run through future litigation relating to these defective devices.
Call Alonso Krangle, LLP, To Find Out If You Have A Claim Against Exactech
If you had knee replacement using the Optetrak comprehensive total knee system, ask some questions:
Did your surgeon use an Optetrak device that was part of the Exactech recall?
Did you have complications such as pain, immobility, or swelling?
Did you require additional surgery to fix the knee replacement?
If the answer to these questions is “yes,” call our office today to find out if you can file an Optetrak knee replacement lawsuit. Call 800-403-6191 now.
Exactech Recalls Defective Knee Replacement Systems
There has been a massive recall of Exactech knee replacement systems. More than 140,000 of these systems contain defective parts that can cause the medical implants to fail and result in the need for corrective surgery.
Exactech sent a recall notice to surgeons across the US on February 7, 2022. The notice warned that defective packaging might lead to the premature deterioration of some parts of the Exactech knee replacement system. This “accelerated polyethylene wear” was causing a “statistically significant” rate of component failure and revision surgery compared to the data of other knee replacement systems.
What Exactech Devices Are Part of the Recall?
Exactech began recalling knee replacement parts in August 2021. At that time, Exactech recalled only those knee replacement systems that were a few years away from expiring.
Since then, however, Exactech has acknowledged that current knee replacement systems contain the same problem – “non-conforming” bags for the polyethylene inserts, which can cause the premature deterioration of the parts.
As of now, all Exactech Optetrak, Truliant, and Optetrak Logic knee replacement systems sold since 2004 are part of the recall. It makes no difference what the remaining shelf life is. Nearly 150,000 devices are part of this recall. The precise number of patients who have had knee replacement surgery using these defective Exactech systems is unknown. There are potentially thousands of individuals with knee replacements that can deteriorate prematurely and result in pain, discomfort, and the need for additional surgery.
Packaging Defect Results in Exactech Knee Replacement Recall
Exactech introduced its Optetrak knee replacement system to the US in 1994. However, Exactech has acknowledged that since 2004, the packaging for the systems contains a defect that can result in the premature deterioration of specific components of the knee replacement system.
Specifically, the knee replacement systems contain polyethylene inserts that are implanted between the various components of the replacement knee. The packaging of these inserts is defective and allows oxygen to reach them before they get implanted in someone’s body. The oxygen causes the polyethylene to wear-out, oxidize or become damaged long before it should. Once these parts are implanted into the body, they fail far sooner than expected.
Defective Knee Replacement System Causes Injuries
The defective packaging system and the resulting failure of knee replacements can result in complications for unsuspecting patients.
Injuries from Exactech knee replacement failure can include:
Swelling
Instability
Grinding
Clicking
Pain
Discomfort
Bone loss
Inability to bear weight
Revision surgery or other medical procedures
Call Our Knee Replacement Lawyers For a Free Evaluation of Your Exactech Optetrak Lawsuit
During the last several years, even before the recent Exactech recall, patients filed lawsuits over the high failure rate of Exactech Optetrak knee replacement systems. Now, since the recall, many more are expected.
If you or someone you loved received a knee replacement using an Exactech Optetrak, Optetrak Logic, or Truliant knee replacement system, call our lawyers at Alonso Krangle, LLP.
Our Exactech knee replacement lawyers can tell you if you might be eligible to file a lawsuit or receive a settlement from the makers of these defective medical devices.
Call us today at 800-403-6191 for a free evaluation of your Exactech knee replacement lawsuit. Find out if you are eligible to receive compensation from the makers of these defective medical devices.
Federal Judicial Panel Centralizes Philips CPAP Recall Lawsuits
The U.S. JPML (Judicial Panel On Multidistrict Litigation) has decided to consolidate the multiple Philips CPAP lawsuits and BiPAP lawsuits that have been filed in federal courts across the nation.
After hearing oral arguments, the JPML has determined that the lawsuits will be centralized in one court – the U.S. District Court in the Western District of Pennsylvania under the watchful eye of U.S. District Judge Joy Flowers Conti.
The purpose of centralization is to allow coordinated discovery and case management of the dozens of CPAP lawsuits already filed and the many more that are expected.
Philips Recall of CPAP and BiPAP Machines Results in Lawsuits
CPAP stands for continuous positive airway pressure. BiPAP stands for bi-level positive airway pressure. BiPAP and CPAP machines are used by people with obstructive sleep apnea, which, if left untreated, can lead to serious health problems. A sleep apnea machine is a medical device or assistive breathing device used to keep your airways open while you are asleep.
Many lawsuits have been filed since Philips recalled millions of its CPAP and BiPap sleep apnea devices because of one of its parts: sound abatement foam (also called noise abatement foam).
Complaints allege that more than three million machines in the recall contained sound abatement foam called PE-PUR. PE-PUR foam is a polyester-based foam used to reduce the sound and vibrations of sleep apnea machines.
Philips CPAP litigation contains claims that the sound abatement foam was prone to degradation and the release of toxic particles, exposing users to the risk of cancer, breathing problems, damage to the lungs, and other injuries.
The Philips CPAP lawsuit claims allege that the foam can degrade over time because of a defective design in the devices, a claim that Philips has acknowledged being true. The foam can release tiny particles into the device itself when degradation occurs, particularly in the air tubes, which lead directly into the mouths and noses of users.
The result? People using recalled sleep apnea machines can spend hours and hours every night breathing in toxic dust, debris, and chemical particles.
The lawsuits that have been filed over the recalled Philips devices include both personal injury lawsuits and class action lawsuits.
JPML Centralizes CPAP Lawsuits for MDL Pretrial Proceedings
In July 2021, a group of plaintiffs suing Philips Respironics filed a motion with the JPML asking that all Philips CPAP lawsuits be centralized in the Eastern District of Pennsylvania or the Western. Why ask for centralization? Because lawsuits all contain similar facts, causes of action, and legal questions.
In large product liability litigation, which often occurs after a massive recall of a defective medical device, consolidation is common. When there are thousands of potential victims and plaintiffs with similar claims, it often makes sense to centralize the cases. Doing so can avoid duplicating efforts during discovery, inconveniencing witnesses, and clogging the courts.
Centralizing also avoids having dozens of Judges ruling (perhaps inconsistently) on similar claims and issues of law. The motion to consolidate the Philips CPAP machine lawsuits argued such.
Philips agreed to centralize the lawsuits but requested that they be heard in the District of Massachusetts.
The order transferring the lawsuits to the Western District of Pennsylvania states:
“The Western District of Pennsylvania is an appropriate transferee district for this litigation. The recalled products were primarily manufactured by Philips RS North America LLC (formerly Philips Respironics) in Murrysville, Pennsylvania. Thus, many of witnesses and much of the documentary evidence relevant to this litigation likely will be located within the Western District of Pennsylvania.”
There are allegedly more than 100 actions related to Philips sleep apnea machines, mechanical ventilator devices, and the potential health risks of sound abatement foam. They are pending in more than 30 districts across the country and will be affected by the JPML order. There are likely many more lawsuits to come related to the Philips recall and the affected devices.
Patients Who Used Philips CPAP Machines Face Health Risks
In June 2021, the Food and Drug Administration urged users of millions of Philips CPAP and BiPAP sleep apnea machines to stop using them immediately.
Philips recalled these devices and urged users to speak to their doctors about suitable and safer sleep apnea devices. Philips also established repair and replacement programs for those using the recalled CPAP devices.
Individuals who have been using recalled Philips CPAP machines might suffer these serious injuries:
Lung cancer
Other cancer
Respiratory infection and/or irritation
Side effects of untreated sleep apnea
Coughing
Asthma
Headache
Sinus infection
Organ damage
Inflammation
Manufacturers of CPAP Machines Must Warn Users of Risks
Manufacturers of medical devices and consumer products are obligated to inform users of their potential risks and dangers. Manufacturers are also required to ensure the items are reasonably safe for ordinary use.
The failure to do so might mean the manufacturer owes damages to victims who were injured by the devices.
In this instance, Philips may be liable to thousands of individuals who claim:
The recalled CPAP and BiPAP machines were defectively designed
That Philips failed to warn users of the risks and dangers of using the recalled devices
Damages in complex product liability litigation can include medical expenses, lost wages, pain, and suffering, or punitive damages.
Call Alonso Krangle, LLP, if You Were Injured by a Recalled Philips CPAP or BiPAP Device
Our lawyers are reviewing claims for individuals who used one of the CPAP or BiPAP sleep apnea devices that Philips recalled. Some of the devices include:
BiPAP V30
Non-life Supporting A-Series BiPAP A40
Non-life Supporting A-Series BiPAP A30
DreamStation ASV
DreamStation ST, AVAPS
DreamStation CPAP, Auto CPAP, BiPAP
DreamStation GO CPAP, APAP
REMStar SE Auto CPAP
Philips Respironics Ventilators
If you used a Philips sleep apnea machine that was part of the recall, call Alonso Krangle, LLP, to schedule a free case evaluation. Find out if you are entitled to seek damages and file a Philips CPAP machine lawsuit.
Call our Philips CPAP lawsuit attorneys today at 800-403-6191 and let us help you collect the maximum damages allowed by law.
Philips recalled millions of CPAP (Continuous Positive Airway Pressure) and BiPAP (Bi-Level Positive Airway Pressure) machines because of the potential adverse health effects of their noise-abatement foam. The recall has left many people without replacements or refunds, and some are seeking justice and compensation through lawsuits.
Why Did Philips Recall Millions of CPAP, BIPAP, and Ventilator Devices?
Philips issued recalls for several versions of its mechanical ventilator and sleep apnea machines, some of which patients need to support life. The machines that were recalled contain polyester foam to minimize the noise emitted by the devices. The company found that the foam- called PE-PUR foam can degrade, causing irritation to the airways and lungs of its users.
Philips alerted the public about the dangers of its CPAP and BIPAP devices, telling everyone to stop using them right away and consult their doctor about whether the benefits of using the devices outweigh the potential health risks.
Patients who used the ventilators for life-support were advised to continue using the recalled machines and speak to their doctors about what steps to take next.
Philips issued a warning after the recall saying that long-term exposure to the foam and particles could cause cancer and other toxic effects.
Lawsuits Have Been Filed Against Philips Over CPAP, BIPAP, and Ventilator Recall
Philips is now the defendant in several lawsuits that stem from the ventilator, CPAP, and BIPAP recall.
In one Massachusetts Philips CPAP class action, Sleep Review Magazine reports that the complaint “alleges that Philips knew about these substantial and material risks from its CPAP machines long before the recall. The complaint also alleges that patients who used the affected devices have complained to Philips about black particles in their machines for many years, but Philips did not warn the public about the hazards until late April and did not recall its machines until June 14.”
The class action aims to recover all damages related to the recall and any injuries caused by the dangerous CPAP machines. The class action also seeks the free replacement of the recalled devices with safe and effective CPAP, BiPAP, and Ventilators. It specifically accuses Philips of “negligence, breach of contract, breach of express warranty, breach of implied warranties, and breaches of various state consumer protection laws,” among other things.
There is another class action related to the CPAP recall filed by a professional truck driver in Oregon. The driver claims that he had to stop using his Philips sleep apnea machine because of the recall. Philips has not reimbursed him or replaced his CPAP, and a new one is allegedly not readily available to him.
The plaintiff claims that he cannot work because of his sleep apnea which is no longer being treated because he has no safe device. Because of his diagnosis of sleep apnea, he is in danger of falling asleep at the wheel, experiencing heart problems, and more if it goes untreated. Obstructive sleep apnea can be life-threatening.
This class action seeks to include all individuals in similar situations.
Individuals Are Filing CPAP Recall Lawsuits
There are also countless individuals across the US who have filed personal injury lawsuits against Philips. These plaintiffs have suffered injuries they claim are the result of the foam in the recalled devices. The PE-PUR foam can degrade and cause a slew of ailments ranging from a cough to cancer. Other illnesses that can be caused by recalled CPAP devices and their sound abatement foam include:
upper airway irritation
sinus infection
health problems related to untreated sleep apnea
chest pressure
other effects of chemical exposure such as headaches or dizziness
lung cancer
respiratory health problems
If you experienced any of these health problems because of a recalled Philips CPAP machine, you might be entitled to file a Philips CPAP lawsuit. Remember, Philips recalled these CPAP and ventilator devices due to potential health risks. Using them can cause permanent impairment and serious health problems.
Call Alonso Krangle, LLP If You Have Been Injured by A Recalled Ventilator or CPAP
If you were injured by a recalled CPAP, BiPap machine, or ventilator, call our dangerous medical device lawyers for a free consultation. Find out if you are entitled to collect damages from Philips for your CPAP injuries.
We are reviewing Philips CPAP recall lawsuits today.
Call Alonso Krangle, LLP, at 800-403-6191 to learn about your rights to collect compensation related to the Philips CPAP, BIPAP, and ventilator machine recall.
The US Judicial Panel On Multidistrict Litigation (JPML) to Hear Motions On Consolidation
The United States Judicial Panel on Multidistrict Litigation (JPML; “the Panel”) will soon be considering motions to consolidate in several important cases. The Panel released a Hearing Session Order stating that it will convene on September 30, 2021, in St. Louis to determine whether to transfer “any or all of the actions in those matters to any district or districts.”
The actions under consideration for consolidation include two litigation matters that have garnered national attention. One matter involves the recent recall of Philips CPAP and Bi-Level PAP and mechanical ventilators. The other is related to the recall of Johnson & Johnson (J&J) aerosol sunscreen products.
JPML Will Consider Consolidating Philips CPAP Lawsuits
MDL-No. 3014 involves recalled Philips CPAP, Bi-Level PAP, and mechanical ventilator machines. Philips recalled millions of these products, which are used to help people who suffer from sleep apnea and other breathing disorders, after learning that the devices posed health risks.
The motion to consolidate these product liability cases against Philips requested that the Panel review ten lawsuits that have been filed in five different districts. The motion filed by attorneys for Plaintiff, Thomas R. Starner, asks that the matters pending in the District of Massachusetts, Middle District of Georgia, Middle District of Florida, and the District of Delaware all be transferred to the Eastern District of Pennsylvania.
The Panel will consider several things in making its determination. For example, do all of the CPAP lawsuits contain similar causes of action? Are the facts similar? Do they involve the same issues of law? What about the alleged injuries? Does it make sense to consolidate the lawsuits before one judge in one district to avoid duplicating efforts for discovery?
The Panel might also consider its expectation of how many additional lawsuits might be filed against Philips in the coming weeks and months. The recall of the CPAP, Bi-Level PAP and mechanical ventilators has affected consumers across the nation, leaving many with no alternative way to get the relief they need. It is not unreasonable to expect that more Philips CPAP lawsuits are on the horizon.
Philip Recalled CPAP, Bi-Level PAP, and Mechanical Ventilators Because of Health Risks
The recalled CPAP and other devices contain sound abatement foam called PE-PUR. Philips
learned that the foam is prone to degradation under certain circumstances.
Consumers who use these devices can inhale particles of foam as well as chemicals, leading to potentially dangerous consequences.
The recalled Philips CPAP, Bi-Level PAP, and mechanical ventilators reportedly can cause adverse short-term and long-term effects, including:
Respiratory irritation
Coughing
Skin irritation
Asthma
Shortness of breath
Cancer
Airway inflammation
Organ damage
The lawsuits allege that Philips should be liable for damages because their devices were defective and dangerous and did not come with warnings about the health risks of using them.
JPML Will Consider Consolidating Lawsuits Against J & J for Dangerous Sunscreen Products
On September 30, 2021, the JPML will also consider consolidating litigation filed recently against J & J after they recalled several aerosol sunscreens. The sunscreens were recalled because they contain benzene, a dangerous carcinogen.
The motion to consolidate (MDL-No. 3015) seeks to move eight recalled sunscreen lawsuits filed against J & J in various districts in Florida, New York, and California to the US District Court for the District of New Jersey.
As stated above, the Panel will consider whether the lawsuits contain similar facts, allegations, and causes of action and whether consolidation will prevent the unnecessary duplication of effort, time, and money.
J & J Recalled Sunscreen Because of Benzene Contamination
The lawsuits against J & J came after the company recalled several lines of its aerosol sunscreens, including some under the Neutrogena and Aveeno brands. Why?
Because of benzene, a known carcinogen.
J & J claims that benzene is not an ingredient in the sunscreens but is possibly a by-product of the manufacturing process.
Benzene is in crude oil and is a by-product of oil manufacturing. It is a chemical often used as a solvent and in the synthesis of making other chemicals.
Benzene is a known human carcinogen that increases the risk of developing blood cancer.
Exposure to benzene can have short-term and long-term effects, including:
Headaches
Dizziness
Lymphoma
Leukemia
Confusion
Irregular heartbeat
Anemia
Myeloma
Vomiting
Irregular menstrual cycles
The lawsuits under review for consolidation claim that J & J’s marketing and sales practices regarding these sunscreens were unlawful and misleading. The lawsuits also seek to hold J & J liable for selling defective and dangerous products.
Alonso Krangle, LLP is Reviewing Philips CPAP and J & J Sunscreen Lawsuits
Our lawyers at Alonso Krangle, LLP are currently reviewing claims for people who may have been injured by recalled Philips CPAP, Philips Bi-Level PAP, Philips mechanical ventilators, and recalled Johnson & Johnson sunscreens. If you used these products, you might be eligible to file a lawsuit against the makers of these defective and dangerous products.
Call Alonso Krangle, LLP today at 800-403-6191 for a free evaluation of your claim.
Multi-County Litigation Requested For Strattice Hernia Mesh Lawsuits
On September 9, 2021, Robert Sandoval filed a lawsuit against LifeCell Corporation, Allergan, Inc., and Allergan USA, Inc., alleging he suffered injuries as a result of Strattice Hernia Mesh.
The lawsuit alleges that the Strattice Hernia Mesh product his doctor used during his surgery was defectively designed and manufactured. The lawsuit also claims that the defendants should have known the mesh was dangerous and had a duty to issue warnings about the risks and problems associated with the medical device.
To date, this is just one of many lawsuits victims have filed related to Strattice Hernia Mesh. In April 2021, the lawyers for Sandoval submitted an MCL application (multi-county litigation) requesting the court to centralize the similar lawsuits into one New Jersey State Court Litigation. At the time the application was submitted, there were at least 21 plaintiffs with cases pending in Morris County, NJ.
The attorneys submitted the MCL request based in part on the expectation that hundreds of additional cases will be filed against the defendants. According to the lawyers for the Sandoval, the “actions filed in New Jersey involve plaintiffs from a number of different states, including but not limited to Arizona, Ohio, California, Wisconsin and Texas. This geographical diversity makes centralized management necessary for the efficient handling of this litigation.” As people file more cases, centralization can ensure the parties do not waste time or money duplicating their efforts.
What is Strattice Hernia Mesh?
Doctors use surgical mesh in many procedures, including the repair of hernias. Hernia mesh is a surgical implant, the purpose of which is to support and strengthen weak tissue or muscle when a hernia breaks through it. There are many different types of hernia mesh. The Strattice Hernia Mesh involved in this litigation was designed to be an alternative to purely synthetic mesh.
LifeCell’s Strattice Hernia Mesh is biologic, meaning it contains materials made from animal or human cells. The Strattice Hernia Mesh is made from pigskin and is called a “cross-linked graft device.” The mesh and the tissue surrounding it are supposed to grow together, strengthening and reinforcing the area that was torn. The process is supposed to be seamless.
Why is Strattice Hernia Mesh Dangerous?
According to the lawsuits, cross-linked grafts can generally cause an increased risk of painful, dangerous infections and rejection of the implanted device. As of September 2020, the Food and Drug Administration received at least 450 Medical Device Reports linked to such problems caused by the Strattice Hernia Mesh. There were six reports of patient fatalities, approximately 340 reports of injuries, and more than 100 reports that indicated malfunctions of the mesh.
How Does Strattice Hernia Mesh Cause Injuries?
Because the mesh is a foreign object, your body might not accept it as readily as you are led to believe. Rejection of the device is only one potential complication from the Strattice Hernia Mesh. The mesh is also prone to breakage, erosion, and migration, all of which can result in painful injuries.
Some Strattice Hernia Mesh complications that have been reported are:
organ punctures
internal bleeding
rejection of the device
relocation or migration of the mesh away from the implantation site
obstructions
gastrointestinal distress
severe pain
fever
infection
painful intercourse
nerve damage
abdominal swelling
abscess
death
What Do Strattice Hernia Mesh Lawsuits Allege?
All of the Strattice lawsuits against Lifecell and Allergan seek to hold these companies responsible for the injuries caused by their Strattice Hernia Mesh. The plaintiffs in these lawsuits claim that these companies acted unlawfully by placing dangerous and defective products on the market and failing to warn of the dangers and risks of using Strattice Hernia Mesh.
In Robert Sandoval’s case, he had his initial hernia repair surgery in 2008, and his doctor implanted Strattice Hernia Mesh. In 2019, Sandoval returned to the hospital and was diagnosed with infected mesh. Sandoval was forced to endured another surgery to remove the infected Strattice Hernia Mesh. Sandoval is seeking damages for his pain and suffering, disfigurement, loss of enjoyment of life, physical injuries, and economic losses.
Some of the specific allegations in Sandoval’s complaint include:
That Strattice hernia mesh is defectively designed and unreasonably dangerous.
That the defendants failed to adequately and properly warn the Plaintiff and the Plaintiff’s doctors about the risks and proper use of the Strattice hernia mesh
That all the defendants were negligent in various ways
That they all made negligent misrepresentations
That the defendants engaged in fraud by intentionally misrepresenting and omitting information about the safety of the hernia mesh
If all the complaints filed thus far contain similar allegations and facts, the court will likely centralize the litigation in a single NJ county.
Alonso Krangle, LLP is Reviewing Claims for People Injured by Strattice Hernia Mesh
Did you have surgery to repair a hernia? Did your doctor use hernia mesh? Did you suffer pain or other injuries and have to have more surgery to remove the mesh or fix the damage it caused?
If so, call Alonso Krangle, LLP today to find out if you are eligible to file a lawsuit against LifeCell or Allergan, the makers of these defective medical devices.
Call Alonso Krangle, LLP, today at 1800-403-6191 for a free evaluation of your Strattice Hernia Mesh claim.
Lawyer Asks Judicial Panel on MDL to Consolidate Philips CPAP Lawsuits
In response to the growing number of lawsuits being filed against Philips after they recalled some of their most popular CPAP devices, one Plaintiff’s lawyer has asked the Judicial Panel on Multi-District Litigation (Panel) to consolidate the lawsuits and transfer them to a single court. If the Panel grants the motion, existing lawsuits against Philips related to the recalled CPAP devices and similar future lawsuits can be centralized and coordinated for pretrial motions and other proceedings.
The motion was brought by the attorney for Thomas R. Starner, a plaintiff who sued Philips in the Eastern District of Pennsylvania. The motion requests the transfer of all the CPAP lawsuits to that venue and that the Honorable Timothy Savage presides over the cases.
Why Might the Panel Create the MDL?
When deciding whether or not to grant the MDL, the Panel may consider how many lawsuits might be filed against Philips regarding the same factual and legal issues as the ten currently in process. When many lawsuits result from the same situation, the Panel may decide to combine them in a single court, under one judge to expedite processes, make it easier for witnesses, and avoid redundancy or inconsistency.
The motion suggests that consolidation and creation of an MDL in the Philips CPAP recall litigation are appropriate because:
Philips issued a nationwide recall of many of its CPAP, Bi-Level PAP, and mechanical ventilators.
The recalled devices contain polyester-based polyurethane sound abatement foam, which can off-gas dangerous chemicals or degrade under certain circumstances.
Because of these things, users are at risk of irritation to the skin, eye, and respiratory tract, “inflammatory response, headache, asthma, adverse effects to other organs (e.g., kidneys and liver) and toxic carcinogenic affects.”
Philips has admitted that the degraded foam contains harmful chemicals which can potentially cause serious potential health risks to users.
Starner purchased two of the devices to treat his sleep apnea before they were subject to recall. The devices were the Philips Dreamstation Auto CPAP and the Philips Respironics Remstar Pro CPAP.
The manual that came with the recalled devices did not contain any warnings or language related to the potential health risks of using them.
3-4 million devices are part of the Phillips CPAP, Bi-PAP, and ventilator recall which means millions of people might be affected and file lawsuits. As people continue to become aware of the massive recall, more and more individuals might file claims against Philips.
All of the facts surrounding the sale, manufacture, testing, and marketing of the recalled devices are the same.
Will the Panel Create An MDL for the Philips CPAP Recall Litigation?
We will have to wait and see what the Panel decides. As of this writing, cases are pending in District courts in Georgia, Florida, Massachusetts, Delaware, and Pennsylvania. Surely, with the number of people affected by this recall, we can expect more lawsuits against Philips.
Call Alonso Krangle, LLP to Discuss Your Rights to File a CPAP Lawsuit Against Philips
If you have been using one of the recalled CPAP, Bi-Level PAP, or mechanical ventilator devices manufactured by Philips, you might be eligible to file a lawsuit and seek damages. Our lawyers are reviewing cases now for people who relied on these recalled machines and their alleged safety. Philips might have to pay substantial damages for its failure to disclose the risks and dangers of its recalled devices.
Call us today at 1-800-403-6191 to learn more about filing a CPAP recall lawsuit.
Your consultation is free, so call today.
Source: United States Judicial Panel on Multidistrict Litigation
Lawyer Asks Judicial Panel on MDL to Consolidate Philips CPAP Lawsuits
In response to the growing number of lawsuits being filed against Philips after they recalled some of their most popular CPAP devices, one Plaintiff’s lawyer has asked the Judicial Panel on Multi-District Litigation (Panel) to consolidate the lawsuits and transfer them to a single court. If the Panel grants the motion, existing lawsuits against Philips related to the recalled CPAP devices and similar future lawsuits can be centralized and coordinated for pretrial motions and other proceedings.
The motion was brought by the attorney for Thomas R. Starner, a plaintiff who sued Philips in the Eastern District of Pennsylvania. The motion requests the transfer of all the CPAP lawsuits to that venue and that the Honorable Timothy Savage presides over the cases.
Why Might the Panel Create the MDL?
When deciding whether or not to grant the MDL, the Panel may consider how many lawsuits might be filed against Philips regarding the same factual and legal issues as the ten currently in process. When many lawsuits result from the same situation, the Panel may decide to combine them in a single court, under one judge to expedite processes, make it easier for witnesses, and avoid redundancy or inconsistency.
The motion suggests that consolidation and creation of an MDL in the Philips CPAP recall litigation are appropriate because:
Philips issued a nationwide recall of many of its CPAP, Bi-Level PAP, and mechanical ventilators.
The recalled devices contain polyester-based polyurethane sound abatement foam, which can off-gas dangerous chemicals or degrade under certain circumstances.
Because of these things, users are at risk of irritation to the skin, eye, and respiratory tract, “inflammatory response, headache, asthma, adverse effects to other organs (e.g., kidneys and liver) and toxic carcinogenic affects.”
Philips has admitted that the degraded foam contains harmful chemicals which can potentially cause serious potential health risks to users.
Starner purchased two of the devices to treat his sleep apnea before they were subject to recall. The devices were the Philips Dreamstation Auto CPAP and the Philips Respironics Remstar Pro CPAP.
The manual that came with the recalled devices did not contain any warnings or language related to the potential health risks of using them.
3-4 million devices are part of the Phillips CPAP, Bi-PAP, and ventilator recall which means millions of people might be affected and file lawsuits. As people continue to become aware of the massive recall, more and more individuals might file claims against Philips.
All of the facts surrounding the sale, manufacture, testing, and marketing of the recalled devices are the same.
Will the Panel Create An MDL for the Philips CPAP Recall Litigation?
We will have to wait and see what the Panel decides. As of this writing, cases are pending in District courts in Georgia, Florida, Massachusetts, Delaware, and Pennsylvania. Surely, with the number of people affected by this recall, we can expect more lawsuits against Philips.
Call Alonso Krangle, LLP to Discuss Your Rights to File a CPAP Lawsuit Against Philips
If you have been using one of the recalled CPAP, Bi-Level PAP, or mechanical ventilator devices manufactured by Philips, you might be eligible to file a lawsuit and seek damages. Our lawyers are reviewing cases now for people who relied on these recalled machines and their alleged safety. Philips might have to pay substantial damages for its failure to disclose the risks and dangers of its recalled devices.
Call us today at 1-800-403-6191 to learn more about filing a CPAP recall lawsuit.
Your consultation is free, so call today.
Our Lawyers are Evaluating Philips CPAP and Ventilator Claims
Our experienced lawyers at Alonso Krangle, LLP want to ask you a few questions:
Have you been diagnosed with lung cancer? Have you been using a Philips CPAP machine for sleep apnea? Have you been using a Philips ventilator?
If so, you might be entitled to file a Philips CPAP lawsuit and collect substantial compensation. Philips has recalled many of its devices because they have a defect that can increase the risk of developing cancer and other dangerous side effects.
How do you know if you might qualify to file a Philips CPAP cancer lawsuit? At the very least, you must:
Have received a diagnosis of lung cancer and
Used a Philips CPAP machine (continuous positive airway pressure device) or
Used a Philips Bi-level PAP machine (positive airway pressure device) or
If you developed lung cancer while using one of these dangerous devices, Philips might owe you compensation for your injuries. Our lawyers at Alonso Krangle, LLP, are providing free evaluations of CPAP claims to determine who is eligible to file a lawsuit. Call us today at 800-403-6191.
Philips Recalled CPAP Devices Because of Cancer Risk
Millions of people use machines to help them battle the effects of sleep apnea. Apnea is a condition characterized by disruptions in breathing that adversely affects the sleep cycle. Apnea is known to cause various health problems when it is not treated. Philips is one of the many companies that manufacture sleep apnea and ventilator devices.
In June 2021, Philips issued a voluntary recall of certain CPAP and ventilator models because using them can increase your risk of developing lung cancer. The recall primarily affects the Philips CPAP machines from the first generation of its Dreamstation line. It also affects some of its Bi-level PAP machines and mechanical ventilators.
The company was alerted in April 2021 that the noise-abatement foam in these devices can degrade into particles. The particles then can make their way into the airway portion of the devices. Inhaling, ingesting, or absorbing these particles can increase your risk of lung cancer and other injuries.
Philips claims to be taking steps to remedy the dangers associated with its CPAP devices. But, it might be too late for many users of these defective CPAP and Bi-level PAP machines. If you got a lung cancer diagnosis after using a CPAP machine, filing a lawsuit might be your chance to hold Philips accountable for exposing you to unnecessary risks and causing your injuries.
What Should You If You Use a Recalled CPAP Machine?
Philips has advised that if you use the recalled CPAP and Bi-level PAP machines, stop immediately and speak to your doctor about alternatives devices to address your sleep apnea. If you use one of the recalled ventilators, do not do anything without consulting your physician.
Foam In Recalled CPAP Machines Can Degrade and Cause Illnesses
The purpose of the foam in sleep apnea devices and ventilators is to reduce noise. Unfortunately, the foam might degrade because of time or other factors like humidity. When it degrades, particles can be ingested, absorbed, or inhaled by the users and contribute to illnesses including lung cancer.
Exposure to degraded foam might also lead to:
Asthma
Headaches
Nausea
Dizziness
Irritation to the eyes, throat, respiratory tract
Respiratory problems
Coughing
Inflammation
Vomiting
Skin irritation
Liver damage
Kidney damage
Toxic/Carcinogenic effects including lung and other cancer
What Compensation Can You Collect in a Successful CPAP Lawsuit?
If you have developed lung cancer or experienced some of the other ailments associated with foam degradation in CPAP machines, you might be entitled to file a lawsuit and collect substantial compensation. Damages in a successful CPAP lawsuit might include:
Medical costs like visits to the doctor, medications, assistive devices, nursing care, co-pays, and more
Lost wages for work you miss because of your illness (treatment days, doctor’s appointments, sick days)
Lost future income should you be unable to return to work because of your illness
Pain and suffering
Punitive damages if the court or jury determines that Philips was grossly negligent or acted intentionally to cause harm
If you get a cancer diagnosis after using a Philips CPAP, Philips Bi-level PAP, or a Philips mechanical ventilator, shouldn’t you receive compensation for your injuries? If Philips knew the devices were dangerous, should have provided warnings about the possible risks of using its machines, or could have made them safer, the company might have the legal responsibility to compensate injured victims.
Call Alonso Krangle, LLP, To Find Out if You Qualify to File a Philips CPAP Lawsuit
Call our experienced lawyers today at 800-403-6191 to find out if you are eligible to file a Philips CPAP cancer lawsuit. Your case evaluation is free, confidential and at no risk to you.
We have the experience and determination to ensure that you and your family collect the maximum compensation allowed by law when you are injured by a dangerous or defective medical device like a Philips CPAP. Call our CPAP recall lawyers today at 800-403-6191 to protect your legal rights.
