Did your DePuy Hip Surgeon Receive Compensation from DePuy?

December 7th, 2010. By AbiK

I came across an interesting article yesterday over at Connecticut Health I-Team (C-HIT), a non-profit publication focusing on health and safety issues. The article was about the DePuy ASR Hip replacement, and the hip recall—and sure, there’s been an onslaught of news about DePuy, but this article was one of the few I’ve seen that actually published the list of surgeons who’ve received compensation from DePuy Orthopaedics. The list includes around 200 surgeons nationwide who received a total of over $80.8 million.

To be fair, the list is available over at the DePuy company website—but you have to work for it a bit. It’s not only down at the bottom navigation on the homepage in grey mice type (translation: not exactly the mose legible), but it’s also arranged as an alphabetical click-through by the doctor’s last name. I didn’t see an actual downloadable file of the complete list—and that’s where C-HIT comes in—they did that legwork.

Now, I’m not saying that any of those surgeons necessarily chose to use the DePuy ASR Hip in patients when perhaps a better hip implant would’ve been a more prudent choice. What I am saying though is that the practice of pharmaceutical companies compensating doctors—for consulting, speaking gigs or whatever—does begin to put into question just how independently or free-from-influence a doctor can truly be when making decisions regarding patient care—when he’s been compensated by the very companies that provide the menu of treatment options available to him, and therefore, his patients?

So, for those of you who are curious, this is the list that was published by C-HIT, by state. Click to read on… Read the rest of this entry »

Toyota Defect Lawsuit led Attorney to help Man behind Bars

December 7th, 2010. By BrendaC

LawyersandSettlements.com has a new column that looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we talk with Attorney Robert Hilliard of Hilliard, Munoz & Gonzales…

Attorney Robert Hilliard: “…I started to understand what had happened, I asked ‘what about the guy in jail?'”

Texas attorney Robert Hilliard went to Minnesota to sue Toyota in a products liability case but ended up fighting to free a man wrongfully convicted of vehicular homicide. It was a strange turn of events, but as Hilliard explains he believed it was something he just had to do.

“When I got to Minneapolis and I started to understand what had happened, I asked ‘what about the guy in jail?’”, says Hilliard.

The man in jail was Koua Fong Lee, a 38-year-old immigrant from Thailand who had been sent to prison after his Toyota Camry slammed into an Oldsmobile at 90 miles an hour and killed three people in 2006. From the beginning Fong had insisted his foot was not on the accelerator, but no one believed him.

Then last January, after Lee had spent more than two years in prison, it was revealed that Toyota was indeed having problems with the accelerator system in some of its vehicles.

Although Hilliard was there to sue Toyota on behalf of a family whose loved ones had been killed in the accident, he began to believe it was Koua Fong Lee who needed the help of a top lawyer.

Hilliard quickly arranged a meeting with the young criminal attorney who was representing Lee. A new trial had been ordered because of the Toyota revelations.

As Hilliard says, he isn’t a criminal lawyer. However he has an established and very successful civil practice in Corpus Christi. He offered to bring the full weight of the firm, experts, money, time, staff—to defend Lee. Hilliard would foot the bill for everything and anything. His services would all be pro bono.

“Of course, I ended up not being able to continue my representation of the other family,” says Hilliard.

Hilliard went to meet Lee where he was being held in prison. “He walked out and sat down at the table. I saw what a powerfully quiet fellow he was and how sincere he was.”

Part way through the trial, the prosecution offered to free Lee immediately if he would plead guilty. Lee refused. He’d take his chances rather than admit to a crime he did not commit.

On the last day of the trial, as the judge began to read her opinion, Hilliard knew Lee would be released. “It was a very poignant moment,” recalls Hilliard. “I had my hand on his arm and once I got the sense of where she was going I wrote Koua a note that said ‘you are free, you are free’.”

“It is not like I woke up one morning and thought I have to find someone to help,” says Hilliard. “I mean, I have been a criminal lawyer for all of four days in my whole career. But I thought the right thing to do was to help this guy get out of jail.” 

Robert Hilliard is a personal injury lawyer from the firm of Hilliard, Munoz & Gonzales. He was recently honored for his work on the Lee case by the Innocence Project of Minnesota and was a recipient of the organization’s “Never Forgotten Award”. Among other things, Hilliard is representing a large commercial fishing company in its fight against BP in the Deepwater Horizon oil spill litigation.

Facing up to 20 years, Bet He’s got Arachnophobia Now

December 6th, 2010. By LucyC

Look what the Mailman Brought! Imagine getting a live tarantula in the mail? Apparently some 500 of them were mailed to the US by one Sven Koppler of Germany. I would think opening any one of those packages would be right up there with encountering someone’s pet snake on a domestic flight…ok, can’t think about that scenario. 

Back to tarantula man. Thirty-seven year old Koppler was illegally dealing in protected species. Who knew? Tarantulas—specifically Mexican red-kneed tarantulas (they have knees?)—are on the endangered species list. FYI —their Latin name is Brachypelma smithi.

“The entire Brachypelma genus is protected by the Convention on International Trade in Endangered Species (CITES) because it is being threatened by international trade,” the U.S. Attorney’s Office said. “Specimens can only be legally traded if CITES permits first are obtained from the exporting country.” Who wants to trade in tarantulas? I seem to be missing something here…cash maybe? Koppler reportedly made $300,000 selling the spiders.

Thankfully, he caught the attention of special agents with the U.S. Fish and Wildlife Service and U.S. Postal Inspection Service in March, when they discovered about 300 live tarantulas during a routine search of an international package. All things considered, it’s quite remarkable that the spiders survived the trip.

So, the U.S. Fish and Wildlife Service and U.S. Postal Inspection Service set up a sting operation called “Operation Spiderman,” which involved Koppler sending them, unknowingly, hundreds of Read the rest of this entry »

Asbestos News Roundup: 12.2.10

December 2nd, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

St. Clair County, IL: The daughter of recently deceased Paul Towell has filed an asbestos lawsuit naming two defendant companies. Towell developed asbestos mesothelioma and subsequently died on June 30, 1999.

Othella Carper claims her father’s exposure to asbestos began when he worked as a pipefitter, welder and carpenter at various locations beginning in the 1940s. The suit alleges that Honeywell International and John Crane caused Towell to develop mesothelioma after his exposure to asbestos-containing products throughout his career, and that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Towell’s safety.

Carper further claims that her father’s asbestos mesothelioma resulted in his incurring medical costs and suffering great physical pain and mental anguish. Consequently, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him. As a result of her father’s death, Carper further alleges that she lost his companionship, society and services. (madisoncountyrecord.com)

Charleston, WV: The Edwards of Putnam County, have filed an asbestos claim naming 81 defendants who, they allege, are responsible for James R. Edwards mesothelioma diagnosis. 

Edwards was employed by Union Carbide Corporation from 1948 until 1980, according to a complaint. During that time, Edwards alleges he was exposed to various types of asbestos products that the 81 defendants manufactured, assembled, supplied, distributed and/or sold. He further alleges that the defendants failed to warn him of the dangers of the products and failed to take reasonable precautions to warn him about the products.

The 81 defendants named in the suit are: A.W. Chesterton Company; Amchem Products, Inc.; Anchor Packing; Aurora Pump Company; Bayer Cropscience, Inc.; Benjamin F. Shaw Company; 4520 Corp.; Brand Insulations, Inc.; Buffalo Pumps, Inc.; Burns International Services Corporation; BW IP, Inc.; Cameron International Corporation; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Crown Cork & Seal Co., Inc.; the Dow Chemical Company; Dezurik, Inc.; Eaton Electrical, Inc.; Elliott Company; Fisher Controls International, Inc.; Flowserve US, Inc., f/k/a Durco International, Inc.; Flowserve US, Inc., f/k/a Flowserve FSD Corporation; Flowserve US, Inc., a/k/a Nordstrom Valves; FMC Corporation; Ford, Bacon & Davis, LLC; Foster Wheeler Energy Corporation; Foster Wheeler U.S.A. Corporation; the Gage Company; General Electric Company; George V. Hamilton, Inc.; Georgia Pacific, LLC; Gordon Gaskets & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Henry Vogt Machine Company; Honeywell International, f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Invensys Systems, Inc.; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; 3M Company; McJunkin Corporation; McNally Industries; Met Pro Corporation; Metropolitan Life Insurance Company; Meuller Steam Specialty; Minnesota Mining and Manufacturing Company; Nagle Pumps, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; North Bros., Inc.; NSI Ventures, Inc.; Ohio Valley Insulating Company, Inc.; Onyx Industrial Services, Inc.; Owens Illinois, Inc.; Peerless Pumps, Inc.; Perkinelmer Instruments; Pneumo Abex Corporation; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Schneider Electric USA, Inc.; SFB Companies, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Stockham Valves & Fittings; Surface Combustion, Inc.; Tasco Insulations, Inc.; the Gorman-Rupp Company; the William Powell Company; Tyco Flow Control Company, LLC a/k/a Crosby Valve, Inc.; Tyco Flow Control Company, LLC a/k/a Lunkenheimer Valves; UB West Virginia, Inc.; Union Carbide Corporation; Uniroyal, Inc.; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; Waukesha Cherry-Burrell; West Virginia Electric Supply; and Zurn Industries, Inc.(wvrecord.com)

Jefferson County, TX:  An asbestos lawsuit filed against Chevron USA and BP Products North America was recently transferred to a multidistrict litigation panel in Harris County.

Kathleen Trahan and Chris Trahan sued Chevron in April on behalf of recently deceased Emery Trahan, alleging the company allowed him to work around asbestos-containing products which caused him to develop lung cancer. Court records show that BP was added as defendant later.

In their suit, the Trahans allege Emery Trahan worked as a helper, electrician and operator at Gulf Oil Corp’s Port Arthur facility, which is now owned by Chevron. They allege that during his career, Emery Trahan worked near asbestos dust and fibers; that the defendants negligently failed to timely and adequately warn its employees of the dangers of asbestos; and that they failed to take the proper steps to ensure Emery’s non-exposure to asbestos. As a result, the suit alleges, Emery developed lung cancer and subsequently died from the disease on October 24, 2008. (setexasrecord.com) 

Asbestos Hot Spots

ADEQ gives Money to Parker to Clean up Asbestos

The Arizona Department of Environmental Quality (ADEQ) officials have just announced that a $56,000 grant has been awarded to the Town of Parker for the cleanup of small quantities of asbestos in three town buildings which the town wants to bring in compliance with Americans with Disabilities Act requirements.

The town received a community development block grant for the barrier removal project, to make the buildings more accessible for the handicapped, but funds from that grant can not be used for asbestos cleanup. The work will be performed at the town hall/police station, the library and at the community/senior center.

“We commend the Town of Parker for taking action to accommodate all of its residents and redeveloping in an environmentally sensitive manner,” ADEQ Director Benjamin H. Grumbles said. “Our state response grant program is all about partnering with towns like Parker to reduce environmental hazards.”

Town officials have said the asbestos in the structures is stable and does not pose a health hazard. The buildings were constructed between the mid-1960s and 1983, when asbestos was used as a common material for insulation. 

Miami, FL: After being closed for several days due to possibility of asbestos contamination, the Miami Science Museum has reopened to the public. 

The museum was closed Friday after a sample of insulation from a small mechanical room tested positive for a type of asbestos. The mechanical room was not accessible to the public.

After closing the museum, an abatement crew was sent in to remove the asbestos-containing insulation. Since then, all air quality testing has proved negative for any asbestos and the buildings reopened Wednesday.  (CBS4.com) 

West Springfield, MA:  A 5.75 acre site containing industrial condominiums and half a dozen businesses and industries has now successfully undergone capping of asbestos pits at the West Springfield Trade Center. As a result, the city can start marketing space at the complex at Day Street and Western Avenue.

“It is a huge milestone. We have been working on this for seven years,” Community Development Director Joseph Laplante told MassLive.com.

The project involved capping four concrete pits that were scattered around the site. Together, they totalled nearly 5,000 square feet. They were capped with six inches of asphalt. Asphalt was also applied about two feet beyond the pits.

Tighe & Bond, the company that capped the pits, is now in the process of registering data about the pits at the Hampden Registry of Deeds so future developers will be aware of their locations. The state Department of Environmental Protection required that that work be done before the city redevelops the land it owns at the trade center.

“The good news is the pits are capped and perfectly safe as long as the caps remain in place,” Laplante said. (masslive.com) 

Asbestos Conference

Redondo Beach, CA: The Asbestos Disease Awareness Organization (ADAO), the largest U.S. organization serving as the voice of asbestos victims, presents its 7th Annual Asbestos Awareness Conference, Asbestos: Impact on Public Heath, Environment, and the Economy. 

The event will be held April 1 – 3, 2011, at the Atlanta Marriott Buckhead Hotel & Conference Center. Presentations will include occupational and non-occupational exposure issues, detection and treatment advances, environmental and economic impact, national and global policy.

The international conference brings together experts from around the globe to collaborate and enhance efforts to completely ban asbestos. Attendees will hear about the most advanced medical, occupational and environmental information to prevent home, school and work asbestos exposure; as well as disease prevention and treatment. The conference will also quantify the economic impact of asbestos exposure to individuals, business and the government. Speakers will represent the United States, Canada, Mexico, Brazil, Japan, and Germany. 

Linda Reinstein, President/CEO and Co-Founder of the Asbestos Disease Awareness Organization, knows first-hand the pain that can result from asbestos exposure after losing her husband in 2006 to mesothelioma, a leading asbestos caused cancer. “ADAO is dedicated to the three core principles—education, advocacy, and community—as reaffirmed by this year’s powerful conference,” stated Reinstein. “This year’s event brings together some of the world’s most important voices, including leading professionals from different fields who play a pivotal role in globally uniting efforts to end asbestos disease. We welcome them and thank our many generous sponsors who are helping to make this event possible. There is indeed power in knowledge.” 

According to Michael Harbut M.D., MPH, FCCP, of the Barbara Ann Karmanos Cancer Institute, “The ADAO conference is one of the best educational and awareness opportunities for physicians, public health representatives, caregivers and other advocates. We all have an opportunity to make an impact on preventing asbestos-related diseases. Whether you’re a medical professional or someone who deeply cares about the health of your loved ones, this conference offers an important network for everyone.” 

The weekend will provide information and inspiration for those impacted by asbestos-related disease as well as others who advocate for safe environments. 

The conference also will recognize those who have demonstrated exceptional service to enhance asbestos awareness. The Unity and Remembrance Brunch on April 3 will honor and remember loved ones lost to asbestos exposure, as well as support others impacted by asbestos-related diseases. (businesswire.com)

Rash of Recalls & Investigations from NHTSA – Is Your Vehicle Affected?

November 30th, 2010. By LucyC

It seems the FDA is not the only government agency awash in investigations of possible defective products.

Several investigations are under way by the National Highway Traffic Safety Administration (NHTSA), among them an investigation into a possible fire hazard of Honda CR-Vs model-year 2006. Some 150,000 vehicles could be affected.

The problem? Three owners have complained of fires involving the master power switch in the driver’s door. Sound familiar?—it is. In January Honda recalled almost 141,000 Fits model-years 2007-2008 for the same problem. 

The Honda Fit recall was prompted because of a defective window switching mechanism. According to a statement from Honda UK released to the media, “Under some severe operating conditions, water, rain, or other liquid may enter the driver’s window and reach the master power window switch resulting in impaired function of the switch. If the master power window switch is damaged as a result of the liquid intrusion, it may result in failure of the switch and overheating. An overheating switch may cause smoke, melting or, potentially, fire,” the statement read.

It remains to be seen if Honda’s CR-V will be recalled—depends on what the NHTSA digs up, so stay tuned. 

But the agency is also notifying people of  reported problems with Volvo—which has recalled about 6,000 vehicles this week—specifically its S80, S60, XC70 and XC60 models—because they may stall. According to Volvo, “The engine and transmission software calibration is too sensitive. When the driver is braking during city driving, and/or releases the accelerator pedal, the engine idle speed may drop, resulting in a sudden engine stall without any prior warning.” Definitely not a good thing to have happen.

And brace yourself—Jaguar is recalling almost 6,500 of its 2010 and 2011 XJ sedans because the windshield wipers could, fight each other to their mutual demise—and the owner’s presumably. Wouldn’t that be entertaining on a dark and stormy night. Some problem with the securing nuts failing, which in turn could prompt a lack of wiper arm synchronization—leading to a ‘clash of the wiper arms.’ And it’s all downhill from there basically—the wipers could come off and reduce the driver’s visibility, which in turn could result in a crash.

And then there’s General Motors. The Detroit automaker is recalling nearly 193,000 pickups because the top tether needed to anchor a child restraint in the front center seat position is not accessible, according to the Agency.

The vehicles affected are the 2004–11 Chevrolet Colorado, the GMC Canyon, the 2006 Isuzu I-280 and I-350, the 2007–8 Isuzu I-290 and I-370. The models are regular cabs or extended cabs that lack rear seats.

And, not to be left out, Kia Motors’ Optima is under investigation by the agency—about 41,000 vehicles may be affected by a transmission problem. The NHTSA has reportedly received  complaints of the automatic transmission cable coming loose. It was prompted by three reports of the transmission not shifting, including one that said the vehicle rolled away. Apparently, Kia had warned dealers of such a problem in 2007. So that makes it alright to sell them?

There is also a raft of recreational vehicles, such as the Monaco, the Holiday Rambler, Winnebago, and the Safari Coach with various problems involving refrigerators and ovens. If you want to find out more, visit the NHTSA website, safercar.gov.

In the meantime, we’ll post defective automobile recalls as we get updates.

Safe driving!