Court case over De Puy metal hip prosthesis may alter product liability laws in the U.K
Following on from the recall issued by De Puy Orthapaedics on their hip implants in 2012, a recent decision has been made at the Court of Appeal over the defective hip replacement devices, where the Court has decided that a safety expectation test must be passed too.
Whilst the claimant Wilkes had suffered from an implant fracture 3-years after the hip replacement implant, the Court looked towards surrounding circumstances like ‘risk benefits’ and how it could have been avoided.
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Takata pleads guilty over momentous air bag scandal and have agreed to pay $1 billion in fines.
It seems the Takata airbag scandal is finally drawing to a close as the auto parts manufacturer, Takata Corp, has pleaded guilty to fraud in hiding the dangerous defect.
Based in Japan, the company found themselves in hot water as 16 deaths were connected to lethal Takata airbags that exploded inside car cabins. Whilst the majority of the fatalities were in the U.S., Takata airbags are used worldwide.
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$3.4 billion (£2.6 billion) settlement agreement for Toyota’s rusty truck frames
On the 26th April a federal judge signed off on a $3.4 billion (£2.6 billion) deal to settle a massive action against Toyota. The settlement agreement was pushed forward by the vehicle owners’ lawyers who were led by Blood Hurst & O’Readon LLP and Barnow and Associates PC.
The federal judge approved of the settlement agreement to resolve claims of dangerous rust-prone truck frames. The judge didn’t adjust the settlement offer or the fee request, and at a separate hearing in Los Angeles, U.S. District Judge Fernando Olgiun said he would approve the lawyers’ fees and the final approval of the settlement.
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Johnson & Johnson’s year of lawsuits
The worldwide company Johnson & Johnson has been on the end of some monumental compensation claims and group actions across the globe.
The year of 2016 was quite the whirlwind year for Johnson & Johnson; they reportedly lost 6 out of 7 jury verdicts in the U.S. as a result of ‘defective’ products. According to Bloomberg, this year isn’t looking any better.
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Medical device maker Medtronic has recalled their adjustable pressure valves across the world
Medtronic has issued a worldwide recall over their unused StrataMR valve devices after numerous complaints have been raised.
In one of the complaints, one patient death is suspected to be related to the device. The Medicines and Healthcare products Regulatory Agency (MHRA) has issued an urgent Field Safety Notice to distribute news of the recall in the U.K.
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Lawyers seeking product liability claims against Zimmer for problems associated with their knee replacement implants
Zimmer NexGen knee implants are supposed to provide patients with new artificial knees to last at least 15-20 years. However, there have been numerous reports that the implants have been loosening; causing pain, discomfort and other complications.
With the level of complaints, the implants are believed to be defective and a recall has been issued by the U.S. regulators. However, this isn’t a broken toy that you can just bring to a supermarket for a refund; individuals who have had the knee replacement surgery may be at risk of the implant moving or loosening, and if this occurs, the individual may need knee revision surgery.
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Health and safety regulators are warning consumers of fake cancer treatments being sold online
Regulators have found 65 fake health products circulating the web that are falsely advertised as cancer treatments.
“Miraculously kills cancer cell in tumours,” “more effective than chemotherapy” – These kinds of potentially fraudulent and unsubstantiated claims are being used to advertise alternative cancer remedies, and the concern is that the vulnerable are being preyed upon.
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J&J allegedly knew of the risks of ovarian cancer linked to talcum powder for decades
There are approximately 1,000 lawsuits against J&J, but there’s no clear indication of whether Walgreens are included in the lawsuits as a co-defendant.
According to the claimant, Andrea Harris, Walgreens was more than a seller of the talcum powder and actively marketed the powder, tailoring it to their shoppers. Harris noted that it “maintains a joint office with J&J in Buffalo Grove, where it develops business plans for distributing and marketing J&J items, including talcum products, specifically to Walgreens’ shoppers.”
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The U.S. NHTSA clears Tesla of responsibility behind fatal crash; but does not protect the company from future lawsuits
Last year, former Navy SEAL and Tesla Model S enthusiast, Joshua Brown, died whilst driving a Tesla vehicle on auto-pilot mode.
Perhaps assuming that the “self-driving” vehicle would live up to its name, Brown did not swerve or apply his brakes during the 7 seconds leading up to his collision into the back of a truck. Due to the speed the vehicle was travelling at, Brown tragically died on impact.
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Studies shows that companies wait too long to recall medical devices
How long is too long?
It seems that medical device companies do not prioritise the safety of their products above profits and reputation, as a study conducted by the University of Minnesota revealed that these companies tend to delay in recalling defective products.
When problems are not reported to relevant authorities – like the MHRA here in the UK – healthcare professionals and the public may be unaware of the complaints, and thus may continue to use defective products that may carry a significant risk of harm.
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Lithium-ion batteries in a medical device can cause smoke and sparks if dropped
Damaged lithium-ion batteries in a medical device have been a cause for concern for the Medicines and Healthcare products Regulatory Agency (MHRA).
The CARDIOSAVE hybrid intra-aortic balloon pump (IABP) and CARDIOSAVE rescue IABP have been reported to have damaged lithium-ion batteries that may give off smoke, a bad smell, or produce sparks.
Macquet, the manufacturer of the medical device, has warned users to avoid carrying spare batteries when transporting the IABP to reduce the risk of dropping and damaging them.
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Over 48,000 Mercedes-Benz SUVs recalled to fix dangerous airbag defect.
Several Mercedes-Benz models have been recalled due to a defect in their airbags. A failure in calibration has reportedly led to a software flaw that doesn’t always deploy airbags when needed.
Regulators investigating the matter noted:
“The front passenger seat Occupant Classification System (OCS) calibration may be incorrect, and as a result, the system can incorrectly classify the occupant as a child seat, deactivating the front passenger air bag.”