Retired Fort Campbell Infantry Soldier Sues 3M Over “Combat Arms” Earplugs Hearing Damage

3M Defective Earplugs Lawsuit

Lieff Cabraser Partner Mark Chalos Talks to NPR about the growing 3M defective ear plug injury lawsuits

On March 25, 2019, National Public Radio (NPR) interviewed Lieff Cabraser Nashville partner Mark P. Chalos about the growing number of lawsuits filed against 3M over the company’s 10+ year provision of allegedly defective combat ear plugs to men and women serving in the US military. Complaints in the lawsuits by military and ex-military personnel, including large numbers of service men and women from Clarksville’s Fort Campbell and numerous other Tennessee areas including Memphis allege the ear plugs, distributed between 2002 and 2015, were too short for proper insertion into users’ ears, putting users at risk for permanent hearing loss, hearing impairment, and debilitating tinnitus.  According to NPR, “service members used the specially-designed earplugs at firing ranges and while driving in noisy military vehicles. One end was supposed to muffle all sound and the other would block only the loudest concussions.” [Read more…]

Lieff Cabraser Files Personal Injury Lawsuit Against 3M Company and Aearo Technologies for Debilitating Hearing Loss and Tinnitus from Use of Defective and Unreasonably Dangerous Combat Arms™ Earplugs

U.S. Army Infantry Soldier George Dooley (ret'd)

Lawsuit alleges 3M and Aearo knew Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented their performance to qualify for a multi-million dollar contract with the United States military

Nashville, TN—(BUSINESSWIRE)—On March 18, 2019, Mark Chalos of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that U.S. Army veteran George Dooley has filed a lawsuit in federal court in the Middle District of Tennessee against 3M Company and Aearo Technologies for hearing loss and tinnitus caused by his use as an infantry officer, including in Iraq, of defective and unreasonably dangerous Dual-Ended Combat Arms™ Earplugs (Version 2 CAEv2). The Complaint alleges that 3M and Aearo knew the Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented the earplugs’ performance to qualify for a multi-million dollar contract with the United States military, leading to the hearing injuries sustained by George Dooley in training and on active military duty. [Read more…]

“The Bleeding Edge:” Netflix Presents New Documentary on Risks & Dangers of Medical Devices in America

The Bleeding Edge Netflix Documentary

A new Netflix Original documentary titled The Bleeding Edge takes a look at the $400 billion medical device industry in America, and the dangers that come with manufacturing products like hip implants, vaginal mesh, Essure birth control, and robotic surgery devices in a corrupted system. [Read more…]

IVC Filter Injury Jury Reaches Verdict for Plaintiff, Bard to Pay $3.6 Million in Damages

Dangerous IVC Blood Clot Filters Led to Injuries, Wrongful Deaths

A federal jury in Arizona has returned a verdict of $2 million in compensatory damages and another $2 million in punitive damages for a woman whose IVC blood filter broke inside her body, causing her to undergo open heart surgery for her survival. As reported by Law360, the jury found that vein filter manufacturer C.R. Bard had negligently failed to warn the plaintiff and doctors of the device’s problems despite numerous reports of IVC-filter-caused complications. [Read more…]

Sarah London Provides Information for Patients Affected by Pacific Fertility Clinic Egg and Embryo Preservation Failures

Fertility clinic failures

Lieff Cabraser partner Sarah London has created a short video discussing recent cryogenic preservation tank failures at San Francisco’s Pacific Fertility Clinic and at a separate clinic in Cleveland, Ohio, and the rights of women and families affected by the tank failures.

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Texas DePuy Pinnacle Hip Injury Bellwether Trial Ends in $247 Million Verdict Against Johnson & Johnson and DePuy Orthopaedics

Texas DePuy Pinnacle Hip Injury Bellwether Trial Ends in $247 Million Verdict

A federal jury in Texas has reached a $247 million verdict against Johnson & Johnson and its DePuy Orthopaedics Inc. unit in a bellwether trial over DePuy Pinnacle metal-on-metal hip implant injuries. (A bellwether trial is a case that the court and the parties select to test their arguments, with the goal of moving the overall larger litigation towards resolution.) [Read more…]

FDA Optimistic New Disposable Caps on Medical Scopes Will Help Fight Superbug Infections

FDA Optimistic New Disposable Caps on Medical Scopes Will Help Fight Superbug Infections

With nearly 700,000 endoscopic procedures done every year in the U.S., the Food and Drug Administration (FDA) is eager for remedies to prevent “superbug” infection outbreaks that have plagued patients and hospitals alike. A change to duodenoscope design by Japanese device maker Pentax that involves the use of disposable device caps has federal officials optimistic about potential reductions in infections that will protect patient health.

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Lieff Cabraser Files Morcellator Wrongful Death Case in New Jersey

Lieff Cabraser Files Morcellator Wrongful Death Case in New Jersey

Lieff Cabraser has filed a product liability and negligence wrongful death lawsuit in federal court in New Jersey against surgical tool maker Karl Storz GMBH & Co. relating to its power morcellator surgical tool and allegedly increased cancer risks relating to the device’s use in hysterectomies. [Read more…]

Congressional Bill HR 1215 Will Restrict Americans’ Rights to Obtain Justice in Medical Malpractice Cases

American Healthcare issues

Congress is about to vote on a bill that could restrict the rights of all Americans to obtain justice in our court system in cases of medical malpractice, including in cases involving negligent nursing homes and defective prescription drugs and medical devices. This bill would tip the scale against injured patients and their families in favor of the insurance industry and other large corporations. [Read more…]

Redesigned Olympus Medical Scopes Still Push Deadly Bacteria

Redesigned Olympus Medical Scope Still Push Deadly Bacteria

In an attempt to reduce the spread of bacteria between patients, Olympus redesigned and modified its duodenoscope medical devices last year. However, the U.S. Food and Drug Administration (FDA) now reports that five patients were infected with deadly bacteria after being treated with the updated devices, which were approved by the FDA in early 2016. [Read more…]

Ethicon Issues Product Recall of Physiomesh Flexible Composite Mesh

Ethicon Issues Product Recall of Physiomesh Flexible Composite Mesh

Surgical device manufacturer Ethicon, a subsidiary of Johnson & Johnson, has issued a voluntary inventory recall of its Physiomesh Flexible Composite Mesh product due to patient injury risks due to complications from surgery. According to the company’s Field Safety Notice, recurrence and re-operation rates after hernia repair surgery using Ethicon Physiomesh Composite Mesh “were higher than the average rates of [other] meshes among patients in these registries.” [Read more…]

Judge Reduces $1 Billion DePuy Pinnacle Hip Injury Jury Verdict Per Supreme Court Limits

Judge Reduces $1 Billion DePuy Pinnacle Hip Injury Jury Verdict Per Supreme Court Limits

On December 1, 2016, a Texas jury found in favor of six plaintiffs in a trial against Johnson & Johnson and its subsidiary DePuy Orthopaedics over injuries relating to the companies’ Pinnacle brand metal-on-metal hip implants that failed in many patients. As reported by Law360, on January 3, 2017 U.S. District Judge Ed Kinkeade reduced the more than $1 billion in punitive damages the jury awarded in the case to $543 million in light of Supreme Court precedent finding constitutional limits to punitive damage awards. [Read more…]

New Stryker Rejuvenate and Stryker ABG II Hip Implant Injuries Settlement Announced

New Stryker Rejuvenate and Stryker ABG II Hip Implant Injuries Settlement Announced

Stryker Orthopaedics has announced that it has reached a settlement with plaintiffs in both federal multidistrict litigation and New Jersey multicounty litigation over injury claims relating to Rejuvenate and ABG II hip implants. The settlement will compensate eligible U.S. patients who had surgery to replace their hip stems (known as revision surgery) prior to December 19, 2016. [Read more…]

U.S. Hospitals Still Failing to Report Morcellator and Endoscope Device Failures and Infections

U.S. Hospitals Still Failing to Report Morcellator and Endoscope Device Failures and Infections

As reported by the Wall Street Journal (subscription), after finding numerous and repeated lapses the U.S. Food and Drug Administration (FDA) is pushing hospitals to comply with reporting rules relating to potentially dangerous endoscope and morcellator medical devices. The move comes after the federal agency says U.S. hospitals did not report on the potentially deadly risks of cancers spread via morcellator devices used in hysterectomies, as well as failing to report severe and sometimes fatal endoscope-procedure-related antibiotic resistant infections. [Read more…]

$1 Billion Verdict for Plaintiffs in 3rd Johnson & Johnson Bellwether Hip Implant Injury Trial

Jury Renders $1 Billion Verdict in 3rd DePuy Pinnacle Hip Injury Bellwether Trial

As reported by Law360 (subscription), a Texas jury has found Johnson & Johnson’s DePuy Orthopedics liable for over $1 billion in a federal 6-plaintiff bellwether trial over injurious metal-on-metal Pinnacle hip implants causing metal poisoning and other injuries to implant recipients. The jury deliberated for less than a day in finding negligence in design and a failure to warn surgeons and patients about the dangers of the metal-component Pinnacle hip implants. The verdict is more than six times greater than the $150 million reached in a previous bellwether trial against J&J on these hip implant injuries. [Read more…]

Consumer Reports Warns of Deadly Infections From Surgical Heater-Cooler Devices

Consumer Reports Warns of Deadly Infections From Surgical Heater-Cooler Devices

Fifteen patients at Greenville Medical Center in South Carolina have been diagnosed with a rare infection known as non-tuberculosis mycobacteria (NTM), which has been linked to heater-cooler devices (HCDs) used in certain heart and lung operations. Four out of the fifteen patients have already died from the infections. [Read more…]

Stryker LFIT V40 Femoral Head Hip Implant Recall

Stryker LFIT V40 Femoral Head Hip Implant Recall

On September 27, 2016, Australian health authorities issued a “Hazard Alert” over the risk of injuries relating to the Stryker LFIT V40 femoral head hip implant components citing the same dangers and warning consumers and health professionals about the higher than expected incidence of failures and injuries relating to Stryker LFIT V40 hip implant components. Specific item numbers of the affected models are listed below. [Read more…]

Superbug Dangers Rise, U.S. Fails at Tracking the Spread

Superbug Infection Lawsuits and Dangers

As reports from news sources like the Los Angeles Times and Reuters proliferate, the full extent of America’s superbug scourge is beginning to surface, and the truth isn’t just disturbing — it’s terrifying. Though health authorities have been warning about deadly drug-resistant infections for over 15 years, a widespread practice among doctors and hospitals that can only be seen as active concealment has hidden the breadth of the crisis, while at the same time hindering efforts to make a dent in the situation. The situation is only worsened by government agencies remain that are either unwilling or unable to impose reporting requirements on a healthcare industry complicit in the problem. [Read more…]

Thousands of Deaths from Hospital Superbugs Are Going Unreported

Medical Scope Superbugs

The LA Times reports that “many thousands” of patients are dying every year from superbug infections acquired during hospital stays — and that’s only in California. The numbers nationwide would be even higher, perhaps horrifyingly so. And the biggest reason this hideous epidemic remains mostly secret is that patient death certificates almost never include any mention of the infections as a factor in the deaths. [Read more…]