Defective Products

3M Earplug Lawsuit Update

April 1, 2019 | John Suthers

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On March 28, 2019, a hearing was held before the Judicial Panel on Multidistrict Litigation (JPML) regarding the 3M Combat Arms Earplug lawsuits. The hearing took place in Washington, DC. The JPML is a panel comprised of federal judges, who decide where the cases will be consolidated for all pretrial litigation. When you have large numbers of lawsuits filed in federal courts throughout the U.S., involving the same product or company, the JPML is allowed to consolidate those cases before one judge in one court for all of the pretrial litigation. The theory behind the Multidistrict Litigation Court is that you will have one judge ruling on pretrial matters and evidentiary issues in the case, rather than having multiple judges issuing different rulings on the same issues in different federal courts throughout the United States. Lawyers representing soldiers and 3M argued for the cases to be consolidated and transferred to federal courts in various states, including Georgia, Texas, Louisiana, and Minnesota, where 3M Company is headquartered.

John Suthers of Suthers & Harper in Savannah, Georgia, is one of the attorneys representing a large number of soldiers and veterans in lawsuits against 3M Company. Mr. Suthers said, “This litigation is very important, as it involves damage done to the hearing of soldiers and veterans by an American company, 3M. A large number of these soldiers and veterans reside in the State of Georgia, and we hope that the JPML will give serious consideration to assigning the cases to the United States District Court for the Southern District of Georgia.”

The lawsuits against 3M claim that the company defectively designed its earplugs in a way that did not provide adequate hearing protection, and that 3M consistently misrepresented the effectiveness of the Dual-Ended Combat Arms Earplugs in order to meet the government’s minimum specifications. Specifically, lawsuits against 3M allege that the defective design caused the earplugs to become loose in the soldiers’ ears, causing the soldiers to be exposed to harmful noise levels. The lawsuits also allege that 3M provided false and inaccurate noise reduction ratings for the Dual-Ended Combat Arms Earplugs to the government. As a result, soldiers and veterans throughout the U.S. are suffering from noise-induced hearing loss and tinnitus (ringing in the ears).

3M EARPLUGS CAUSE HEARING LOSS TO U.S. SOLDIERS AND VETERANS

January 18, 2019 | John Suthers

Thousands of U.S. soldiers and veterans are believed to have suffered hearing loss because of defective earplugs sold by 3M Company to the U.S. government. 3M’s defective earplugs, known as the Dual-Ended Combat Arms Earplugs (version 2), did not function as 3M claimed they would function. The earplugs were not long enough to be inserted properly into a soldier’s ears. The design prevented a snug fit in the ear canal of the user, causing the earplugs to become loose and exposing the user to dangerous levels of noise.

These earplugs were originally created by a company called Aearo Technologies, which was acquired by 3M in 2008. The earplugs were sold to the military from 2003-2015. It is believed that more than 1 million service members were issued 3M’s earplugs while engaging in various combat missions during foreign wars. These defective 3M earplugs have never been recalled and therefore, could still be in use by soldiers and other government employees.

Aearo Technologies was allegedly aware of the defect in the earplugs as early as year 2000, when it began testing the effectiveness of the earplugs. Earplugs like the Dual-Ended Combat Arms Earplugs are sold with a Noise Reduction Rating (NRR), which is a unit of measurement used to determine the effectiveness of hearing protection devices. The higher the NRR number associa

LAWSUIT CLAIMS BREAST IMPLANTS LINKED TO CANCER

May 2, 2018 | Adam Harper

A recently filed lawsuit claims breast implants manufactured by Mentor Worldwide, a Johnson & Johnson subsidiary, caused an Ohio woman to develop a rare form of cancer known as anaplastic large cell lymphoma, or ALCL. Johnson and Johnson purchased Mentor in 2009 for more than $1.1 billion.

According to the complaint, Renee Cashen, 45, of Ashville, Ohio, had breast implant surgery in February 2008. About eight years later, she noticed a lump under her right armpit and a biopsy determined she had anaplastic large cell lymphoma. She had surgery to remove the MemoryGel® SILTEX® implants, made by Mentor, as well as infected lymph nodes. She subsequently underwent chemotherapy for a condition that has become known as Breast Implant-Associated Anaplastic Large Cell Lymphoma, or BIA-ALCL.

Ms. Cashen is one of many women across the country who has experienced health problems related to implants. In March of 2018, the FDA issued a warning to individuals with breast implants alerting them to the potential link to BIA-ALCL. As of September 30, 2017, the FDA had received a total of 414 medical device reports (MDRs) of BIA-ALCL, including the death of nine patients.

Update on Ethicon Physiomesh Lawsuits

October 13, 2017 | Adam Harper

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Suthers & Harper continues to investigate claims of those seriously injured by Ethicon Physiomesh, a device used in hernia repair procedures. A hernia is a bulge of body tissue that occurs through an opening within the abdominal wall muscles. A hernia, which can occur in any location on the abdominal wall, is caused by weakness or thinness of the abdominal wall, and is often repaired using surgical mesh, such as Ethicon Physiomesh. Unfortunately, there have been numerous serious complications reported across the country associated with Ethicon’s Physiomesh product.

In May of 2016, Ethicon announced a global market withdrawal of the Physiomesh Flexible Composite Mesh product. The removal of the mesh product from the market came after two European databases that showed Physiomesh was associated with higher rates of hernia recurrence and revisions compared to similar patches when used in laparoscopic ventral hernia repairs.

As of October 13, 2017, there were 116 lawsuits pending in the Multi-District Litigation (“MDL”) proceeding in the United States District Court for the Northern District of Georgia. MDL proceedings are meant to streamline and consolidate numerous cases filed against the same defendant. These suits allege that the use of Ethicon’s Physiomesh in hernia repair procedures resulted in complications such as pain, infection, hernia recurrence, adhesion, intestinal blockage, mesh migration, mesh shrinkage, and the need for revision surgeries. There are also allegations of permanent internal organ damage as a result of complications associated with Physiomesh.

Suthers & Harper Investigating Defective Hernia Mesh Products

April 14, 2017 | Adam Harper

Hernia mesh is a medical device that is used to repair hernias, which occur when internal organs bulge out through a weak spot of muscle. The only way to permanently fix a hernia is with surgery. However, hernias often return and need another surgery. To reduce this risk, surgeons implant hernia mesh inside the body to reinforce weak tissue. Most of the mesh devices are made from synthetic materials like polypropylene, a kind of plastic. Some type of hernia mesh product is used in more than half of all hernia surgeries in the United States.

Unfortunately, patients that have had a hernia repaired with mesh are experiencing a number of complications including:

Pain

Jury Returns $1 Billion-Plus Verdict in Defective DePuy Pinnacle Hip Implants Lawsuit

December 2, 2016 | Adam Harper

On December 1^st, jurors in Dallas Texas returned a verdict against Depuy Orthopedics for more than a billion dollars. There were more than 40 witnesses that testified during the 10 week trial. The jury deliberated for nearly eight hours before returning the verdict that awarded $32 million in actual damages and $1.009 billion in punitive damages.

The six plaintiffs involved in the trial suffered serious medical complications caused by defective metal-on-metal Depuy Pinnacle hip implants. The jurors found that DePuy Orthopaedic misled doctors and patients about the safety of its Pinnacle hip implant, and the device can deteriorate bone and tissue leading to severe pain and the need for revision surgery.

Depuy, a subsidiary of Johnson & Johnson, is still faced with more than 8,600 Pinnacle-related lawsuits, which have been consolidated in federal court in Texas.

Suthers & Harper is investigating Stryker LFIT Anatomic CoCr V40 Femoral Heads

November 1, 2016 | John Suthers

The Australian Therapeutic Goods Administration (TGA), similar to the United States Food and Drug Administration (FDA), issued a Hazard Alert on September 27, 2016 for Stryker LFIT Anatomic CoCr V40 femoral heads. The LFIT V40 is a femoral head that orthopedic surgeons utilized in hip replacement surgeries. The Stryker LFIT V40 can be used interchangeably with Stryker’s entire product line of modular total hip replacement devices and is designed to offer a large range of offsets based on a patients’ needs. According to the Australian TGA, some LFIT Anatomic CoCr V40 femoral heads have a “higher than expected incidence of taper lock failures.” The taper lock connects the femoral head and femoral neck of the hip prosthesis. If the taper lock fails, the patient can suffer severe complications including catastrophic disassociation and metallosis, resulting in the need for emergent revision surgery. These conditions can lead to the destruction of tissue in the area of the implant, causing all sorts of complications. Stryker has recently notified orthopedic surgeons who have implanted the LFIT V40 of the increased incidence of taper lock failure and ensuing complications.

The Defective Medical Product attorneys at Suthers & Harper are investigating the Stryker LFIT CoCr V40 femoral head cases on behalf of patients who were implanted with these devices and have suffered complications. These attorneys previously prosecuted cases successfully against Stryker on behalf of many patients who were surgically implanted with Stryker Rejuvenate hip replacement products, which products were recalled by the FDA because of similar complications.

Takata Airbag Saga Is Ongoing

August 11, 2016 | John Suthers

Since reports of deaths and injuries linked to a defect in Takata airbags, nearly 70 million Takata airbags have been recalled in the U.S. That means that almost one out of every five cars has a potentially defective airbag. More and more automobiles equipped with Takata airbags have been the subject of recalls on an ongoing basis.

Takata’s use of a volatile chemical, ammonium nitrate, has been cited as one of the major reasons the Takata airbags are dangerous. Because ammonium nitrate is a volatile substance, it can become unstable when exposed to sudden changes in temperature or humidity. Typically, there is a metal housing surrounding the airbag. When the ammonium nitrate explodes with enough force, the metal housing cannot contain it, resulting in the airbag exploding and metal shrapnel being propelled through the air.

To date, the Takata airbags in approximately 9 million automobiles have been repaired. However, it was reported recently that Takata is using several of the same parts and materials which were used in the faulty airbags. This has caused significant concerns among many experts. Takata claims that it has added a substance to the ammonium nitrate that is intended to keep the ammonium nitrate dry, even in conditions of high temperatures and humidity. However, some industry experts believe that Takata’s solution does not adequately address the problem of ammonium nitrate becoming unstable during temperature changes. Because Takata is responsible for the repairs, and due to the recent discovery that Takata continues to use some of the same methods and components that were used in the manufacture of the defective airbags, consumers should be concerned.

Update on Androgel and Testosterone Treatment Lawsuits

June 24, 2016 | Adam Harper

Suthers & Harper continues to investigate alleged claims of serious and sometimes fatal side effects suffered by patients who were prescribed “Low T” drugs for testosterone therapy. The drugs, including AndroGel, AndroDerm, Axiron, Foresta, Testim and others, have been heavily prescribed over the past several years as a safe way to treat men with low testosterone. However, numerous recent studies suggest that men taking AndroGel have a far greater risk of suffering a heart attack, stroke, congestive heart failure, or other adverse cardiovascular event.

On May 29, 2014, an order was issued that established a federal testosterone multidistrict litigation (MDL) before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois. The purpose of creating an MDL is to facilitate faster progression of a large number of lawsuits that have certain allegations of fact in common. An MDL is designed to eliminate inconsistent court rulings among these cases, as well as expensive and unnecessary duplication of discovery. All of the lawsuits that were transferred to the Northern District of Illinois allege that drugs such as AndroGel, AndroDerm, Axiron, Foresta, Testim and others caused serious, and sometimes fatal, cardiovascular problems in men. There are currently more than 5000 cases pending in the MDL.

In the near future, bellwether trials will begin in the Testosterone Replacement MDL. Bellwether trials are cases that the court and the parties select to test their arguments. These bellwether cases, are typically representative of issues that will arise in every injured person’s case. The goal of a bellwether process is to give all interested parties a good indication of what is likely to happen in future trials and to advance the litigation in a timely manner. In the Testosterone Replacement MDL, a series of six cases are expected to go to trial beginning in June 2017. While the outcomes of these early trial dates are not binding on other cases, they may influence eventual Androgel settlements or other negotiations to resolve cases and avoid the need for hundreds of individual trials to be scheduled in courts throughout the country.

Second Trial Begins in Baby Powder-Cancer Case

April 22, 2016 | John Suthers

A second trial out of more than 1,000 lawsuits alleging Johnson & Johnson products containing talcum powder caused cancer began this week in Missouri. The Plaintiff, Gloria Ristesund, age 62, developed ovarian cancer in 2011 after having used Johnson & Johnson’s Baby Powder in her genital area for several decades. Ms. Ristesund alleged that her cancer was caused by the talcum powder that is in the Baby Powder product. She also alleged that J&J continued to sell its Baby Powder product despite being aware of the link between talc and ovarian cancer.

In his opening remarks, Ms. Ristesund’s attorney told the jury that J&J was aware of studies connecting talcum powder use and ovarian cancer, but the corporate giant continued to sell Baby Powder containing talc, unlike other manufacturers who switched to corn starch-based powder. The Plaintiff’s attorney also argued that J&J employed a strategy designed to prevent Government regulation of talc and at the same time, disregarded the Government’s requests that J&J either remove talc from its Baby Powder product or issue warnings to its customers. J&J’s attorneys contended that the studies linking talcum powder use and ovarian cancer are not conclusive and that the medical and scientific community still does not know what causes ovarian cancer.

This is the second case pending in State Court to go to trial over the alleged link between ovarian cancer and use of Johnson & Johnson’s Baby Powder. In February of 2016, jurors returned a $72 million verdict for the family of a Missouri woman who had used J&J’s Baby Powder for more than 35 years and died from ovarian cancer. Roughly 1,000 similar cases are pending, and a growing number of lawsuits are being filed regularly throughout the U.S.