DePuy Hip Recall

DePuy Orthapedics recently recalled its ASR XL Acetabular Head System and DePuy ASR Hip Resurfacing System due to a defect thats causes severe pain, grinding, popping and eventual revision surgery. DePuy recalled the product on August 24, 2010, acknowledging that its metal-on-metal artificial hip device is prone to fail within a few years after it is implanted. DePuy research indicates that approximately 12% of patients who received the defective product needed to have a second hip replacement surgery. It appears that close to 93,000 hip replacements are affected by the recall.

DePuy itself does not have a list of patients that received the defective hip which makes it difficult to reach potential users. Instead, those who received the defective hips are receiving letters from their surgeons informing them of the recall. The best available evidence suggests that the “metal-on-metal” product, which causes metal shavings to release into the body and cause significant pain and possibly blood poisoning. In addition, the metal grinding causes the socket to become dislogdged from the hip, causing significant pain alleviated only by a follow-up surgery. It doesn’t appear that DePuy will have any strong defense to the claims, but rest assured that the claims process will be difficult, lengthy and time consuming. It seems as if DePuy is suggesting to those affected that it will pay for revision surgery and associated medical bills, but that certainly does not mean DePuy is willing to compensate patients for pain and suffering, both present and future.

The Warshafsky Law Firm is currently handling several DePuy products liability claims and intends to seek maximum compensation for those affected. If you or anyone you know has received a letter from your surgeon regarding the recall, please feel free to call the Warshafsky Law Firm regarding your possible claim.

UPDATE - Malpractice Leads to Unusual Writ of Mandamus

The Warshafsky Law Firm recently filed a very unusual Writ of Mandamus to determine why the Medical Examining Board has not taken action against Dr. Cully White, a D.O based in Milwaukee. To recap, plaintiff Kenneth Plants alleged that Dr. White operated on the wrong side of his back, causing severe and permanent debilitating injuries. The case settled in the Summer of 2009 for 2.9 million. A Writ of Mandamus was filed to determine why, after being provided with ALL the medical records and pertinent testimony, the Medical Examining Board has failed to take any action against Dr. White.

Just this week, Milwaukee County Judge Thomas Cooper signed an Order to Show Cause, which requires Defendant Kelly Sankbiel to appear in court and provide testimony as to why the Medical Board should not provide the petitioner with a report regarding the Board's investigation of Dr. White, and to explain what steps the Board has taken in furtherance of said report, should it not exist.

Also Ordered to appear is Dr. Gene Musser, Chairman of the Wisconsin Medical Examining Board. He has been ordered to explain the details of the investigation by the Board, and what information the Board still needs to complete its investigation, should it request additional information.

The Order signed by Judge Cooper is a step further in the plaintiffs' ultimate goal - to figure out why, after receiving every piece of documentation if may need to discipline Dr. White, the Board has not yet taken action against Dr. White and failed to respond to the Warshafsky Law Firm's request for information. The testimony of Musser and Sankbiel will hopefully shed light on how doctors in Wisconsin are disciplined, and how long it takes determine appropriate discipline.

The show cause motion is set for August 13, beginning at 10:30 A.M. The hearing is open to the public.

12 Year Old Girl Injured at Wisconsin Dells

The Jounal Sentinel is reporting that a 12 year old girl was injured when safety nets for a thrill ride at Extreme World failed to break her 40-foot fall to the ground. The incident occurred at Extreme World, a one-of-a-kind thrill seeking venture in Wisconsin Dells offering bungee jumping, go-karts, and an ejection seat ride.

The accident appears to have been caused by several unfortunate events, 1) the girl's harness probably failed; and 2) the ride's safety net failed as the last line of defense. Authorities are likely to conduct their investigation to determine whether any criminal charges should be filed. Likewise, OHSA will probably conduct their own investigation because the accident occurred at a workplace. Extreme World likely also faces severe civil liability if their employees are determined to have been reckless or negligent in maintaining the ride. This determination will necessarily be made by qualified personal injury attorneys and private investigators.

Personal injury lawsuits involving entities in Wisconsin Dells often present challenges in finding the proper party to sue. Typically, companies in the Dells operate under many different umbrellas and sub-corporations - usually all very similar on paper, but yet different corporate entities. It becomes important to identify the proper entity early on so negotiations can begin immediately, and evidence can be preserved.

If you or someone you know has been injured, the Warshafsky Law Firm offers free consultations and at-home visits. Call 800-728-4970 today to speak with a Warshafsky lawyer.

Injured Inmate May Collect From State

A recent Wisconsin Supreme Court decision correctly ruled that an inmate injured due the negligence of another inmate may collect damages. In a 4-3 decision, the Supreme Court upheld the appellate court and trial court in finding that "governmental immunity" did not extend to an inmate who disregarded the most basic rules dismantling horse stalls at Wisconsin State Fair Park.

The case delivers a blow to the oft-used and ever-extending scope of governmental immunity. In general, government employees are immune from negligence lawsuits if there actions were done in course and scope of their employment. However, this is not true if the act causing the negligence was "ministerial" in nature; meaning, the task was so specific and concrete that it does not require the use of discretion. Immunity also does not extend when the government employee acts in the facts of a "known danger".

Perhaps this decision will force governmental agencies and their attorneys to more readily consider settlement of smaller claims without protracted litigation. Whatever the effect, the Court seemingly made it clear that exceptions to governmental immunity are alive and well, and that cases against governmental entities may be more viable in the future.

If you or anyone you know has questions regarding an injury caused by a governmental agency, please contact the Warshafsky Law Firm to discuss your rights.

MTD Snowblower Recall

Back in January, I posted my surprise that MTD snowthrowers were still exploding and causing serious personal injuries to consumers nearly 4 years after the product was recalled by the CPSC. I was not surprised that the product was still exploding, I was surprised that the product was still being used by consumers despite several measures taken by MTD to remove the defective product from commerce. In the past month, I have been contacted by two attorneys nearly 750 miles apart with “fresh” MTD explosions and injuries.

These MTD products liability claims are very unique in that the injuries are usually limited to broken hands and fingers. The limited damages make these claims very difficult, if not outright cost prohibitive, for a firm to handle. For example, suppose the claim is worth around $30,000. It may cost upwards of $15,000 to hire a plastics expert to provide a favorable opinion. After a fee and recouping costs, the claim is hardly worth pursuing for the client.

The Warshafsky Law Firm has handled nearly a dozen claims against MTD and is currently working on at least 5 others, most from referring attorneys. Bunching these MTD claims together to spread-out the costs has been effective in maximizing recovery for the client. As the snow melts around the country, these claims may melt away as well. But history as shown us that these products are still out in commerce and are still exploding at alarming rates. If you or anyone you know has been injured by MTD products, Warshafsky Law Firm is interested in hearing about your experience.

Aspergillosis Dangers at Hospital Construction Sites

Aspergillosis is a mold caused by decaying leaves, wood and other natural sources. The mold is common in everyday air and usually does not cause problems in healthy human beings. Aspergillosis is often referred to as Aspergillus and a variety of other common mold species.

While usually harmless, Aspergillus is extremely dangerous to those with compromised immune systems, including the elderly, sick, children and those suffering from asthmatic conditions. Aspergillus is found in large quantities at construction sites where dust and debris are disturbed and toxics are released into the air. Construction sites near the aforementioned susceptible people become breeding grounds for illness and death.

The Warshafsky Firm is unaware of any current lawsuits involving injured Wisconsin persons suffering from Aspergillosis or Aspergillus related illnesses. However, with major construction on-going at Columbia St. Marys and several Aurora sites, the probability of Aspergillosis or Aspergillus related illnesses substantially increases. If you or anyone you know has suffered a respiratory illness while at any area Hospital undergoing construction, please contact the Warshafsky Law Firm to discuss your rights.

We Energies Coal Dust Explosion Liability

At first blush, the 6 workers injured at the We Energies Oak Creek facility would be limited to Workers Compensation to collect for their injuries. However, often times workplace injuries are a result of negligence by so-called 3rd parties, meaning not the injured or the employer, but a 3rd party responsible for the injuries.

The We Energies explosion involves Waukesha based ThyssenKrupp Safway, a subcontractor providing scaffolding services. It also involves United States Fire Protection, a New Berlin firm that provides fire protection services. Injured workers may have possible claims against both companies depending on the exact contractor-subcontractor arrangements.

Coal dust explosions are often the result of negligent 3rd parties that are unfamiliar with the inherent dangers of coal dust. Everybody surrounding the We Energies site must use reasonable care in handling coal dust, and must also use reasonable care to warn of the risk associated of working around coal dust. What is "reasonable care" depends on many different factors, including opinions held by workplace experts.

The Warshafsky Law Firm has represented several workers over the past 50 years injured by coal dust explosions, recovering large sums of money to compensate for their critical injuries.

Auto Accident Deaths

A recent article in the Kenosha News provides harsh statistics about the number of Wisconsin auto accident deaths. Wisconsin had 735 auto accident deaths in 2007, while 2008 only recorded 587. More locally, Kenosha County had the 3rd most traffic deaths in the State, right behind Dane and Milwaukee Counties. Staggering is Kenosha's sudden rise in auto fatalities while the rest of the State sees moderate declines:

Kenosha County finished the year ranked third in the state for traffic
deaths behind Dane and Milwaukee counties. With 37 and 48 traffic deaths,
respectively, those counties are well below their totals for 2007, however.
Waukesha County was just behind Kenosha County with 27 traffic deaths.

Many factors may play a part in the sudden Kenosha County increase - increased traffic from Kenosha-Chicago commuters, harsh winters, heavy alcohol consumption, lack of seat-belt use, etc. Equally eye-opening is the number of teenagers and young adults falling victim to car accidents, perhaps suggesting inexperienced drivers or distractions within the car:

Broken down into age ranges, traffic crashes killed nine people between the ages
of 16 and 24, while claiming five people in their 30s. Also, more males (15)
died in traffic crashes this year than females (13).

When a loved one is injured or dies in an car accident, it is crucial for the family to obtain immediate representation to protect the injured party's interests. Witness statements need to be taken, the police department needs to be shadowed in order for a full investigation to be done, and private investigators need to take measurements of any tiremarks, scene photos and vehicle photos. All this should be done within the first 24 hours before the insurance company representatives begin their investigation. Injured parties that do not seek representation face an up-hill battle to receive compensation that 9 times out of 10 does not fully compensate them for their injuries.