Update on Transvaginal Mesh Litigation

A Delaware Jury awarded Plaintiff Deborah Barba $100 million following a trial against transvaginal mesh manufacturer Boston Scientific on May 28, 2015. Barba was awarded $75 million in punitive damages and $25 million in compensatory damages for physical injuries sustained from a complications caused by the company’s defective mesh implants.

Ms. Barba continues to experience gynecological symptoms including severe pelvic pain, despite undergoing two pelvic surgeries. Barba’s verdict is now the sixth Plaintiff’s victory against Boston Scientific.

The largest defendant-manufacturer involved in the transvaginal mesh litigation is Johnson & Johnson’s Ethicon division, which is currently facing approximately 30,000 mesh claims.

If you are the victim of defective vaginal mesh implants and are experiencing pain and suffering from the implantation of these devices, contact Caputo and Mariotti today to find out more information.


Nursing Home Injury Risk

The Department of Health and Human Services (DHHS) recently found that 79 percent more nursing home patients have longer stays or require transfers to more acute facilities due to adverse events. The 2014 report, “Adverse Events in Skilled Nursing Facilities: National Incidence Among Medicare Beneficiaries” uncovers that the Medicare expenditures for skilled nursing facilities is the program’s second highest cost, with the highest expenditure being hospital inpatient costs.

According to the DHHS report, nursing home patients have longer stays in health care facilities due to injuries sustained, stating:

An estimated 22 percent of Medicare beneficiaries experienced adverse events during the [skilled nursing facility] stays. An additional 11 percent of Medicare beneficiaries experienced temporary harm events during their [skilled nursing facility] stays. Physician reviewers determined that 59 percent of these adverse events and temporary harm events were clearly or likely preventable. They attributed much of the preventable harm to substandard treatment, inadequate resident monitoring, and failure or delay of necessary care …”

The DHH lists medication errors, falls, injuries during transfers from the hospitals to the skilled nursing facilities, and bedsores as some of the most commonly occurring adverse events. In order to better deal and understand these issues, they have recommended investigating the self reporting process and requirements for nursing homes, and potentially instituting punishments similar to those currently instated for over-medicating.

If you or someone you know has incurred injury due to an adverse event experienced during a stay in a skilled nursing home, contact Caputo & Mariotti today for information on what you can do to protect your rights.


First Wright Hip Implant Trial Awards $4.5 Million

Metal hip implant patient, Alan Warner, has been awarded $4.5 million in the first Wright hip implant trial. The California jury made this decision in favor of Warner and his wife after finding that he was caused pain and suffering due to Wright’s defective implant.

The defect found in the implant caused a failure that injured both Warner and his wife. However Wright was not found negligent in designing the Profemur R implant by the jurors hearing the case. Although Warner received $4 million for both past and future suffering, including mental anguish, he was not awarded any damages to cover his medical expenses. For the injuries received due to the hip plant failure, Warner’s wife received $500,000.

According to the victim’s testimony, his injury occurred as he went to get a new cup of coffee from his kitchen and the implant failed, leaving him in excruciating pain. Warner then had to undergo extensive surgery to repair the damage caused by the defective implant, which reportedly broke at the stem of the implant. The Wright implant has typically experienced breaks in other parts of the unit, such as the neck, or has infected the bloodstreams and contaminated the hip capsules of other patients with cobalt and chromium due to other defective issues.

Warner’s trial is the first of over 600 pending cases which all involve the failure of Wright’s metal on metal hip implant, which has repeatedly failed causing significant harm to hundreds of individuals.

If you have recently received a Wright hip implant or have had a Wright hip implant for several years and are experiencing pain or suffering from complications, it is important that you have a complete understanding of your options. Contact Caputo and Mariotti today to find out everything you need to know about pursuing rightful compensation.


Review of Metal-on-Metal Hip Replacement Parts

There has recently been a significant rise in the number of complaints being made by patients who have received metal-on-metal hip replacement parts.

Patients have been filing complaints regarding the metal-on-metal hip replacements for quite some time, having experienced a wide variety of problems. Many of these patient problems include fracturing and dislocating of the device or loosening caused by inflammation in the joint space.

Other problems commonly reported by patients with hip replacement parts include problems walking, as well as significant pain and swelling.

Caputo and Mariotti is currently investigating all cases involving metal-on-metal hip replacement parts including those with the following specifications:

  • the Smith & Nephew R3 Acetabular System, recalled in June of 2012

  • the DePuy Orthopaedics ASR XL Acetabular System, recalled in August of 2010

  • the DePuy ASR Hip Resurfacing System, recalled in August of 2010

  • the Stryker Rejuvenate recalled in July 2012

  • the ABG II modular-neck stems, recalled in July 2012

  • the DePuy Pinnacle, which has not been recalled

  • the Zimmer Durom Cup, which has not been recalled

  • the Wright Conserve, which has not been recalled

  • the Biomet M2A and M2A-Magnum, which have not been recalled

If you believe you have been the victim of a faulty metal-on-metal hip replacement procedure and are suffering side effects, contact Caputo and Mariotti today to arrange your free consultation.


Nursing Home Abuse

Making the decision to place someone you love in a nursing home can be extremely difficult. The concern that someone will harmed the person you love intentionally can be overwhelming. Luckily, there are numerous regulations that are created specifically to protect those in nursing homes from all kinds of abuse and neglect.

Unfortunately the laws that are designed to protect your loved ones are not always obeyed, and a multitude of elderly people continue to be victims of both physical, emotional, and mental abuse.

CBS News recently reported the findings of an elder/nursing home advocacy group called Families for Better Care. The group’s findings shockingly found that eleven U.S. State were receiving failing grades for protecting nursing home patients and the elderly from violence.

Out of all the nursing homes in the country, Families for Better Care concluded that one in five homes were found guilty for neglect and elder abuse. They also made a direct correlation between nursing homes that were understaffed had significantly higher abuse and neglect rates.

It is true that cases of neglect and abuse are typically the exception to the rule, but it does clearly happen in many states all across the country. Although we hope the nursing homes do their due diligence were performing background checks and appropriate research when hiring, this is not always the case.

If you believe your loved one may be suffering do to neglect or abuse, our firm can help investigate the situation and help you determine what actions will need to be taken and make suggestions on alternative care. Contact Caputo and Mariotti today to set up your free consultation.


Hip Replacement Update

The dangers of metal on metal hip replacements have been under heavy scrutiny for the last several years, and for good reason. Several metal on metal hip replacement manufacturers have been analyzed carefully including:

  • Johnson & Johnson/DePuy: Pinnacle metal on metal hip
  • Johnson & Johnson/DePuy: ASR Total Hip Replacement and ASR Resurfacing System hip (recalled in August of 2010)
  • Stryker: Rejuvenate and ABG II Stems (recalled in July of 2012)
  • Zimmer: Durom Cup hip
  • Wright: (a) Conserve, (b) Dunasty, (c) Lineage and (d) Profemur (femur fracture) hips
  • Biomet: M2a and 38 Diameter hips
  • Smith and Nephew: R3 Liners hips (recalled in June 2012)

Many patients who have received hip replacements from the above manufacturers have experienced similar problems. These issues include swelling, pain, and difficulty walking after their procedures. As these symptoms can be perfectly normal immediately following a hip replacement, if the issues persist it can be a sign of moderate to severe complications.

Metal on metal friction caused by the metal components moving together causes metal to spread to the hip area in many patients with defective implants.

If you believe that you have been suffering from any complications due to a defective hip implant from one of the company’s mentioned or from another company, please feel free to contact Caputo and Mariotti today so that we can review your case.


Nursing Home Litigation Underway

Attorney’s at Caputo and Mariotti have been handling nursing home litigations for many years. Over this period of time there has been a significant increase in the number of these types of cases, and it’s important to understand why this increase is happening.

There are currently a large number of individuals who are elderly, and a significant amount of these people are being admitted into nursing homes and long term care facilities. Admitting a loved one into a long term care facility is often one of the hardest decisions a family can make. Typically, people will only know about the true quality of these facilities after their loved one has been enrolled for an extended amount of time.

This is why it is extremely important for families to pay very close attention to the quality of care their loved ones are receiving in these facilities because the elderly family members are generally not capable of making well reasoned decisions about their care or able to recognize and report neglect.

Often family members discover that their loved one has been treated poorly and find themselves in a situation that requires further inquiry on the patient’s behalf. Representatives at Caputo and Mariotti are available to make these inquiries and help families decide to investigate the possibility of filing a claim against the long term care facility.

When a nursing home fails to provide its patients with adequate care, your loved ones can incur serious injuries causing additional health complications and emotional hardships. In order to determine if there is a need to make a claim against a long term care facility, it is best to seek out a firm who has a significant amount of experience in handling these types of cases.

If you believe your loved one is being neglected or not being treated with proper care, contact Caputo and Mariotti today to set up a free consultation. We will gladly discuss your current circumstances and help protect your loved one’s rights.


Heart Risks Associated with Pfizer’s Testosterone Drug

Pfizer Inc. is now facing a lawsuit by those claiming that heart problems are caused by the administration of testosterone treatment drugs. The claims currently being pursued allege that the company’s Depo-Testosterone treatments put patients at risk and have caused blood clots, strokes and heart attacks, despite the company’s claims that the drug is both effective and safe.

One particular law suit alleges the company conducted a “disease mongering” campaign to boost sales of Depo-Testosterone by exaggerating the prevalence of testosterone problems, despite the heart health risks associated with the drug.

According to the Plaintiff, Pfizer invested millions of dollars with the sole purpose of growing the consumer base for the treatment by claiming that common symptoms such as increased body fat and low energy levels are possible signs of testosterone deficiency. They believe these activities have been practiced by both Pfizer as well as other pharmaceutical companies not named in this particular suit.

In the case, the Plaintiff also alleges that the company states the following failed to comply with federal requirements, and Pfizer had failed to update the drug’s label since the U.S. Food and Drug Administration (FDA) initially approved the medication.  The Plaintiff argues that Pfizer had a responsibility to warn him or his doctors of the potential heart risks caused by Depo-Testosterone, but failed to do so.

If you or someone you know has been taking Depo-Testosterone as a treatment for weight issues or listlessness and are concerned you may be at risk of heart health problems, please contact Caputo and Mariotti today.


J&J Pays $3.27 Million for Mesh Implant Lawsuit

Johnson & Johnson has been ordered by a federal court to pay $3.27 million in another Transvaginal Mesh Implant case as a result of a mesh implant with a defective design.

The Plaintiff contended that the Johnson & Johnson mesh sling implant had deteriorated while inside her body, causing her to have a surgery to remove it before it caused additional internal damage. The device had been sold as a treatment for incontinence. In this particular case, jurors found that Johnson & Johnson did not adequately warn doctors and patients about the potential for erosion or the possibility of organ damage and additional pain and suffering.

This is the second time Johnson & Johnson has now been found guilty for the defective design of their incontinence sling causing injury to women. There are over 30,000 cases claiming that the vaginal inserts caused serious internal damage to women. Unfortunately, despite these findings and additional cases resulting in awarded damages, the TVT-O sling remains on the market.

As of this time, Johnson & Johnson refuses to participate in any negotiations about settlement for its inserts.

 If you have been implanted with any of the Johnson & Johnson transvaginal mesh implants and are experiencing complications, please contact Caputo and Mariotti today for immediate assistance.


$9 Billion Damage Award Against Takeda and Lilly Upheld

The attempt by Takeda Pharmaceutical Co. and Eli Lilly & Co. to get the combined $9 billion punitive-damage award thrown out has been rejected. The verdict had been returned in a case that involved claims the drug makers hid the cancer risks of their Actos diabetes medicine.

Jurors involved had properly considered evidence showing that the two companies did, in fact, know that Actos was linked to bladder cancer and did not adequately warn patients and doctors before assessing damages. It was determined that there is a reasonable link between the Actos diabetes medicine and bladder cancer.

The Plaintiff in the case had taken Actos for more than five year and developed bladder cancer directly resulting from the medication. The Plaintiff argued that Takeda had deliberately ignored his concerns that Actos had caused his bladder cancer so that they could avoid the potential loss of millions of dollars.

According to jurors, both Lilly and Takeda acted with “wanton and reckless disregard” when it came to marketing Actos. It was decided that the drug’s makers were to pay combined punitive damages of $9 billion.

If you or anyone you know has taken Actos for diabetes treatment or for any other reason, contact Caputo and Mariotti today for help.