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Chicago Defective Metal-on-Metal Hip Implant Lawyer

Several different types of metal-on-metal hip implants have been recalled and have come under fire in recent medical research. In July 2012, for instance, Stryker Orthopaedics announced the recall of its Rejuvenate Modular and ABG II modular-neck hip stem implant devices.

VERDICTS AND SETTLEMENTS

  • $33.2 Million Jury Verdict - March 05 2009 LAKE COUNTY, ILLINOIS – Attorneys Patrick A. Salvi and Patrick A. Salvi II of Salvi, Schostok...

    $33.2 Million Jury Verdict

    March 05 2009

    LAKE COUNTY, ILLINOIS – Attorneys Patrick A. Salvi and Patrick A. Salvi II of Salvi, Schostok & Pritchard P.C., announced they obtained a $33.2 million verdict last night on behalf of a 22-year-old young man, who was injured in a car accident. The trial was heard before the Honorable Christopher Starck who entered judgment on the jury’s verdict in Lake County, Illinois. According to the Jury Verdict Reporter (Law Bulletin Publishing Company), the father and son Salvi legal team—in their first jury trial together – exceeded the previous Lake County verdict record by nearly $10 million.

    On November 19, 2006, William Klairmont, then 18-years-old, was driving intoxicated on Route 43 in Lake Bluff, when he lost control of the vehicle he was driving—crashing into a utility box. The accident paralyzed the vehicle’s passenger, Plaintiff, then 19-years-old, from the chest down. Tests later showed that Klairmont had a blood-alcohol level of 0.146, well above the legal driving limit of 0.08 for adults. The ‘black box’ in Klairmont’s car indicated that seconds before the accident, the vehicle was traveling at 120-miles-per-hour. The trial was only on damages because Klairmont admitted fault. The Plaintiff was not accused of doing anything wrong. During the trial, jurors heard testimony about the Plaintiff’s past and future medical needs, the difficulties of his day-to-day life, and his employability.

    “Fortunately for our client, the vehicle Mr. Klairmont was driving was borrowed by his father’s employer from a second family corporation. Insurance-wise, this should allow our client the opportunity to collect much, if not all, of the verdict,” said Patrick A. Salvi, Sr. and Jim Nyeste, another member of the plaintiff’s legal team.

    In February, the Plaintiff settled with Lauralee Pfeifer of Lake Forest, for her $2.5 million homeowner’s insurance policy limit. Mrs. Pfeifer owned the home at which William Klairmont became intoxicated.

    “The outcome in this case is the recognition by a Lake County jury that our client has suffered a tremendous loss. The jury did the right thing,” said Patrick A. Salvi II. “This verdict will take care of our client’s medical needs for the rest of his life so that he can live as full a life as possible in the face of physical disabilities.”

  • $29.1 Million Verdict - September 06 2011 CHICAGO, IL – The United States Court of Appeals for the...

    $29.1 Million Verdict

    September 06 2011

    CHICAGO, IL – The United States Court of Appeals for the Seventh Circuit today affirmed a $29.1 million medical malpractice verdict.

    On April 2, 2010, attorneys David J. Pritchard and Patrick A. Salvi II of Salvi, Schostok & Pritchard P.C., secured the $29.1 million verdict on behalf of Christian Arroyo. Judge Amy St. Eve of the Northern District of Illinois rendered the verdict for Christian and against the United States of America after a week-long bench trial. The government-employed doctors were found guilty of negligence having to do with their obstetrical and neonatal care. The attorneys of Salvi, Schostok & Pritchard proved that prophylactic measures to prevent infection should have been taken prior to Christian’s birth and that the signs and symptoms of a neonatal infection were missed, causing profound brain damage.

    The government appealed the verdict based on the statue of limitations. The government said that the suit was untimely because it was brought more than 2 years after the baby was discharged from the hospital following birth. Attorneys case-resultsfully argued that the lawsuit was timely filed because the Arroyos did not know and had no reason to know that the brain injury had any sort of doctor or government cause.

    Today, Christian Arroyo is a spastic quadriplegic with cerebral palsy. He cannot walk, talk or eat through his mouth.

    Attorney Patrick Salvi II said: “We are very pleased that the Court of Appeals has affirmed this verdict on behalf of Christian, and rejected the government’s attempt to avoid responsibility for the misconduct of the doctors involved by asserting that they should have been sued sooner.  The money will be essential in giving this young man a chance in life given his severe and permanent disabilities.

    For more information on the Arroyo case [07C4912], or the Law Firm of Salvi, Schostok & Pritchard P.C., please contact Patrick Salvi II at (312) 372 -1227 or psalvi2@salvilaw.com.

  • $17 Million Medical Malpractice Settlement - Chicago, IL (June 23, 2014) Patrick A. Salvi of the law firm Salvi, Schostok &...

    $17 Million Medical Malpractice Settlement

    Chicago, IL (June 23, 2014) Patrick A. Salvi of the law firm Salvi, Schostok & Pritchard P.C. obtained a $17 million medical malpractice settlement on behalf of two-year-old boy from Waukegan, Illinois boy, who suffered severe and irreversible brain damage during a surgery to remove a cyst on his throat. The settlement was approved in Cook County.

    The plaintiff had a condition known as a thryoglossal duct cyst. This condition was to be corrected on October 18, 2013 with the Sistrunk procedure, where the surgeon removes a portion of the hyoid bone (small bone in the throat) along with the cyst. During the procedure, the plaintiff alleged the thyroid membrane and larynx were injured. As a result, swelling and a hematoma developed in the plaintiff’s throat.

    A second emergency surgery was ordered and staff attempted to intubate the plaintiff unsuccessfully on three occasions. An emergency tracheostomy was performed, but the plaintiff had already been without oxygen. The plaintiff suffered a prolonged cardiac arrest and permanent brain damage.

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FIND OUT IF YOU HAVE A CASE

TALK TO AN EXPERIENCED ATTORNEY

The U.S. Food and Drug Administration (FDA) has warned of premature failure of all-metal hips, which consist of a ball, stem and shell made from cobalt-chromium-molybdenum alloys.

When the moving parts of the artificial hip’s metal ball-and-socket joint rub together, metal fibers may flake off, according to the FDA. This can damage and destroy tissue surrounding the joint. It may also cause metal ions to enter the bloodstream and cause additional illness. Due to these side effects, all-metal hip implant patients may need extensive medical treatment, including surgery to remove the defective device.

If you believe that you or a loved one has been injured by a metal-on-metal artificial hip, Salvi, Schostok & Pritchard P.C., can help you. Call us today toll free or contact us online. We can provide a free, no-obligation consultation.

Metal-On-Metal Hip Implant Failures

The FDA first indicated concern about metal-on-metal hip implants in May 2011. The agency asked manufacturers to conduct post market surveillance studies of the devices. The FDA wanted to learn more about metal ion concentrations in the bloodstream of implant recipients.

Prior to FDA action, data had emerged among international orthopedic implant registries and various professional/scientific organizations. The data indicated serious complications and potential problems arising from the early failure of metal-on-metal (MoM) hip systems.

In April 2010, the United Kingdom Medicines and Healthcare products Regulatory Agency (MHRA) recommended blood tests and imaging for patients who had received all-metal hip implants and were experiencing abnormal pain.

In addition to the U.K. registry’s warning, Health Canada and the Therapeutic Goods Administration of Australia each published alerts in 2012 about MoM hip implants’ shedding metal flakes and/or chromium ions.

Finally, in a January 2013 Safety Communication, the FDA warned that metal can be released from the contact of the metal-on-metal joints in an artificial hip. Tiny metal particles that wear off from the device around the implant may cause damage to bone and/or soft tissue surrounding the implant and joint, the agency said.

This side effect, called metallosis, can cause pain, implant loosening, device failure and the need for surgery to replace the implant, the FDA said. Metal ions that enter the bloodstream can cause damage in other parts of the body as well.

All-Metal Hip Implant Recalls 

Prior to FDA action, even the manufacturers of metal-on-metal hip implants acknowledged problems:

  • In July 2008, Zimmer, Inc.recalled the Zimmer Durom Acetabular Component (“Durom Cup”), saying instructions to surgeons about how to implant the device were inadequate.
  • In August 2010, DePuy Orthopaedics (a subsidiary of Johnson & Johnson) recalled its DePuy ASR TM total hip system because of the U.K.’s joint registry data that indicated the implants were failing prematurely.
  • In June 2012, Smith & Nephew Orthopaedics withdrew the metal liner component within the R3 Acetabular System based on the U.K. and Australian oversight agencies’ data.

Additionally, Stryker recalled its Rejuvenate Modular and ABG II modular-neck hip stem implant devices due to what the manufacturer described as a risk of fretting (wearing down and flaking of metal parts) and/or corrosion at or about the modular-neck junction. Stryker also said information about fretting / corrosion problems collected since the devices entered the market might indicate that the frequency of these problems constituted a trend.

About 500,000 hip-implant patients in the U.S. have undergone corrective surgery because their metal-on-metal hip implants have failed prematurely, according to a January 2013 report in the New York Times. The newspaper said problems with metal-on-metal hip implant systems represented “one of the biggest [medical] device-related failures in decades.”

Legal Help For Illinois Metal-on-Metal Hip Implant Failure Victims

If you have had surgery to remove a metal-on-metal hip implant that failed prematurely, regardless of whether you were diagnosed with metallosis or another malady, you may have a legal right to seek compensation for your pain and suffering and your medical expenses.

Patients injured by defective medical devices, such as all-metal hip implants, can typically seek legal relief through product liability lawsuits. The manufacturers of defective medical devices may be liable based on:

  • Designing and producing an inherently flawed device
  • Inadequately testing the device for safety and effectiveness
  • Improperly marketing the device for unapproved, or “off-label,” uses
  • Failing to warn patients and surgeons about the risks, complications and side effects the device was known to cause.

Hip implant patients can pursue lawsuits in state or federal court. Because these cases often involve patients and families from around the country, they may be combined into a class-action lawsuit. They also may be consolidated into “multidistrict litigation,” or MDL, cases to speed up pretrial proceedings.

Regardless of how many patients are involved in a lawsuit, your attorney in a defective medical device case must ensure your rights and interests are protected at each step of the case. This requires an attorney experienced in large and complicated product liability claims.

If you have been injured by a faulty metal-on-metal hip implant, you should take action now to protect your rights.

Contact Our Chicago Defective Metal-On-Metal Implant Lawyers

If you believe that you were injured or lost a loved one due to an all-metal hip implant, contact Salvi, Schostok & Pritchard P.C., today. Our firm has obtained more than $800 million for our clients, including more than 198 multimillion-dollar verdicts and settlements. We can go to work on securing relief for you and your family.

Call us at today toll free for a free, no-obligation consultation or fill out our online form.

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July

2014

Two Senators Introduce Corporate Concealment Bill

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Two Democratic senators have introduced a bill aimed that would impose penalties if corporations conceal dangers of their defective products. Inspired by the GM recall, senators Richard Blumenthal of Connecticut and Bob Casey of Pennsylvania introduced the bill, according to…

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