Phoenix personal injury attorney Stephen I. Leshner has been selected to the 2017 Arizona Super Lawyers list, for the tenth consecutive year, for Plaintiff’s Personal Injury. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.
The FDA has identified this as a Class I recall, the most serious type of recall. Use of these devices may cause serious injuries or death.
- Product Description: Comprehensive Reverse Shoulder System Humeral Tray Model 115340
- Trade Name: Biomet Comprehensive Reverse Shoulder Humeral
- Product Code: KWS, PAO
- Lot Numbers: All lots with part number 115340; See full list of lot numbers
- Distribution Dates: October, 2008 to September, 2015
- Manufacturing Dates: August 25, 2008 to September 27, 2011
- Devices Recalled: 3662
The Comprehensive Reverse Shoulder is a shoulder replacement device that is surgically implanted to help restore arm movement. This device is beneficial for patients with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy and previously failed shoulder joint replacement.
Reason for Recall
Zimmer Biomet is recalling the Comprehensive Reverse Shoulder because these devices are fracturing at a higher rate than is stated in the labeling. Fractures may result in revision surgeries which could cause serious adverse health consequences such as permanent loss of shoulder function, infection, or rarely, death.
Who May be Affected
- Health care providers using this device during reverse shoulder replacement surgeries
- Patients receiving total shoulder replacements using this device
related to this recall.
Date Recall Initiated:
December 15, 2016
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If you or someone close to you has a Zimmer Biomet Comprehensive Reverse Shoulder System which has fractured and needs revision, please call Phoenix Arizona Personal Injury Attorney Stephen I. Leshner for a free consultation.
The Plaintiffs’ Leadership in the Wright Medical litigation announced the following settlement on November 2, 2016:
“After a hard-fought, almost 5-year battle in federal court in Atlanta, Georgia and in California state court, we are pleased to announce a settlement program that will resolve a significant number of claims against Wright Medical. Wright Medical has agreed to settle approximately 1,300 claims of certain Wright Medical metal-on-metal hip implant patient-claimants whose hips were revised at least 150 days and no more than eight years post-implant. There are approximately 2,300 pending claims involving Wright Medical’s Conserve, Lineage, and Dynasty metal-on-metal hips. Plaintiffs’ Leadership Counsel’s retained financial analysts have been evaluating Wright Medical’s ability to settle these cases for years. Based on that analysis, we believe that Wright Medical was not in a position to and therefore could not agree to settle the remaining claims involving revisions occurring after eight years or other cases that it deemed not qualified at this time. During the negotiations with Wright Medical, it was made clear that claims for revised Wright metal-on-metal hips that are not included in this settlement will be part of subsequent settlement programs.
The Wright Conserve Multi-District Litigation (MDL) was consolidated in February 2012 in federal court in the Northern District of Georgia before the Hon. William S. Duffey, Jr., United States District Judge. Additionally, a Judicial Council Coordination Proceeding (JCCP) petition was approved in May 2012 before the Hon. Jane Johnson, Los Angeles Superior Court Judge, consolidating Californiastate-court cases involving Wright Medical hip replacement and revision matters, including Wright Medical’s Conserve, Lineage, and Dynasty hip implants. The Hon. Diane M. Welsh (Ret.), led the extended settlement negotiations and tirelessly worked with the parties for several years to help facilitate the settlement.
Wright Medical’s hip and knee division (OrthoRecon) was sold in January 2014, and the successor corporation has a defense that it did not inherit the liability. Our financial analysts’ review further indicated that Wright Medical’s ability to fund this settlement depended largely on insurance coverage and a bond issue used, in part, to raise money for this settlement. Wright Medical has been engaged in litigation in Memphis with most of its insurance carriers and recently finalized an agreement with 3 of the carriers. It remains in litigation or coverage disputes with its remaining carriers. In light of our analysis of Wright Medical’s financial condition, this is a timely and meaningful settlement, offering $170,000 to claimants who had the monoblock Conserve Cup, the device with the most frequent failures, and $120,000to those who had the metal-liner Dynasty and Lineage devices. An additional, but capped, limited fund is also available for claimants who suffered discrete and defined claims of extraordinary injury. More importantly, the settlement program calls for pre-qualification, without registration, coupled with a very simple administrative process for claimants not pursing extraordinary injury claims that will lead to expeditious payments expected to be largely complete by summer 2017. Counsel for eligible claimants will be notified of their pre-qualification by February 3, 2017.”
I will review the terms of this settlement carefully, and advise my clients whether or not to accept this settlement.
Phoenix, Arizona mass tort product liability attorney Stephen I. Leshner has handled over 100 cases involving defective hip replacement systems, including the current cases against Wright Medical Technology, Inc., and has over 40 cases pending. While there have been global settlements in the DePuy ASR, Zimmer, Stryker, and Smith & Nephew cases, no global settlements have been reached in cases involving DePuy Pinnacle (over 8,000 pending cases) and Wright, which are in the bellwether trial process. If you are someone close to you has been injured as a result of any defective metal-on-metal hip, which required the surgical removal and replacement of the hip replacement system or its components, please contact Steve Leshner for a free consultation.
Stryker Orthopedics issued a recall letter on August 19, 2016 for one of its hip implant heads. Stryker sent a letter to medical professionals advising them that the LFIT V40 femoral head was involved in a higher than expected series of product failures. These recalled hip implant components were manufactured between 2001 and 2011. No products were removed from the shelves because they had all either been implant or expired.
The manufacturer has not given much information about the recall circumstances but did state that their had been instances of the femoral stems not fitting the heads. Stryker has had problems with its femoral stem and head junction in the past.
The V40 femoral head is used with several different types of Stryker stems including the Accolade stem. I have personally handled over 100 cases involving defective hip replacement systems. The most recent cases involved metal-on-metal hip replacement systems manufactured and distributed by Stryker, DePuy, Zimmer, Wright, and Smith & Nephew. The typical cases involve metallosis leached from the joints between the femoral head and stem. When there is micromotion between the stem and the head, the metal becomes scratched from the movement and corrosion takes place. This corrosion allows metal particles to leach into the hip compartment. These metal particles cause a condition called metallosis where the positively charged metal ions damage the tissue in the hip compartment. The tissue damage progresses to necrosis or death of the tissue and causes pain and inflammation. Frequently, MRI films will show fluid in the joint. Blood tests are usually ordered to check for high chromium or cobalt levels. Once the metallosis process starts the only cure is surgery to redo the hip. These surgeries are called revision surgeries.
The V40 heads were used in the following Stryker products:Accolade TMZF, Hfx, Citation, LASST, Accolade II, Anato, Secur-Fit Advanced, and LSP76. If you or someone close to you has had or needs a revision surgery as a result of a defective Stryker hip replacement system with the LFIT V40 femoral head, please contact Phoenix Arizona mass tort product liability lawyer Steve Leshner for a free consultation.
On October 3, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order centralizing 89 lawsuits pending in at least 25 district courts into the U.S. District Court for the Eastern District of Louisiana.
The cases will be coordinated in Multi-District Litigation (MDL No. 2740) and overseen by U.S. District Judge Lance M. Africk — In Re: Taxotere (Docetaxel) Product Liability Litigation.
All of the lawsuits were filed by women who did not re-grow their hair after completing chemotherapy treatment with Taxotere.
The label on Taxotere was updated in December 2015 to warn that “cases of permanent alopecia have been reported,” according to the FDA.
However, lawyers say Sanofi-Aventis knew about the side effect much earlier. By 2005, a clinical trial that began in the 1990s found that 9.2% of patients did not re-grow their hair during the 10-year follow-up period after receiving Taxotere with doxorubicin and cyclophosphamide.
Sanofi-Aventis is also accused of marketing Taxotere as superior to other, equally-effective chemotherapy drugs that were not associated with permanent hair loss.
Centralizing the lawsuits in an MDL for pretrial proceedings has many advantages. Lawyers can coordinate and share evidence produced in the discovery process. Afterward, they typically choose a few cases for “bellwether” trials and use the outcomes in settlement negotiations.
If you or someone close to you suffered permanent hair loss after completing treatment with Taxotere, please call or email Phoenix Arizona mass tort product liability attorney Steve Leshner for a free consultation.
Steve Leshner has been listed for inclusion in the 2017 edition of Best Lawyers. This is the sixth year in a row that Steve has been recognized. Inclusion in this published list reflects the high level of respect he has earned among his peers, colleagues and other leading lawyers. The newly released edition of The Best Lawyers in America© 2017 recognizes him for his work Plaintiff’s Personal Injury Litigation. While there are many organizations that purport to list “Top” and “Elite” Lawyers, they only do so if you pay to be on their list. Best Lawyers and Super Lawyers lists are assembled and published without any request for payment.
Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2017 Edition of The Best Lawyers in America©, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Taxotere (docetaxel) is a chemotherapy drug manufactured and marketed by Sanofi-Aventis and prescribed by many U.S. physicians to treat breast cancer patients. This drug was aggressively marketed to doctors, as it was claimed that it was more effective than other chemotherapy drugs. In 2009, the FDA issued a cease and desist letter requiring the company to stop claiming that it worked better than other chemotherapy drugs. Even though it didn’t work better than other chemotherapy drugs, and while chemotherapy often causes temporary, reversible hair loss, a significant number of taxotere patients suffered permanent hair loss. While Sanofi-Aventis acknowledged in Europe in 2005 that a significant number of patients were suffering permanent hair loss, it wasn’t until December 2015 that U.S. patients were warned about permanent hair loss. If women and their physicians had known that Taxotere wasn’t more effective than other chemotherapy drugs, and unlike the alternatives, caused permanent hair loss, it is unlikely that women and their physicians would have chosen Taxotere.
If you are a woman, who used Taxotere and suffered permanent hair loss, please call Phoenix, Arizona mass tort product liability attorney Steve Leshner for a free consultation.
On November 24, 2015, an Atlanta, Ga jury found in favor of the plaintiff and against Wright Medical Technology, Inc. in the first bellwether trial in the Multi-District Litigation involving the allegedly defective metal hip Wright Conserve Implant Systems. The jury found the product to be defective, and awarded the plaintiff $1 million in compensatory damages and $10 million in punitive damages.
After the verdict, the attorneys for Wright filed a Motion for New Trial, challenging, among other things, the amount of the jury verdict. On April 5, 2016, the Judge issued a ruling upholding the jury’s verdict of compensatory damages of $1 million, but reduced the punitive damage verdict by 90% from $11 million to $1.1 million.
Currently, there are approximately 600 Wright Conserve cases pending in the MDL in Georgia, another 750 cases pending in California courts, and another 1,000 cases that have not been filed, where plaintiffs’ lawyers have entered into tolling agreements with the defense. The next bellwether trials are scheduled for October, 2016.
Phoenix, Arizona mass tort product liability attorney Stephen I. Leshner has handled over 100 cases involving defective hip replacement systems, including the current cases against Wright Medical Technology, Inc., and has over 40 cases pending. While there have been global settlements in the DePuy ASR, Zimmer, Stryker, and Smith & Nephew cases, no global settlements have been reached in cases involving DePuy Pinnacle (over 8,000 pending cases) and Wright, which are in the bellwether trial process. If you or someone close to you has been injured as a result of any defective metal-on-metal hip, which required the surgical removal and replacement of the hip replacement system or its components, please contact Steve Leshner for a free consultation.
Stryker Corp. has agreed to pay at least $1.4 billion to settle thousands of lawsuits by U.S. patients who had surgeries to revise problematic Stryker hip replacements.
The failure rate of the Stryker Rejuvenate and ABG II Hips are expected to be in the 80% range. Individual cases are currently being settled where the revision of the defective hip occurred on or before November 3, 2014. As most of these devices will fail, it is not too late to file a claim if the revision occurred after that date.
Stephen I. Leshner, P.C. has clients who have settled their Stryker cases, and clients with pending settlements.. If you or someone close to you has or needs a revision of their Stryker Rejuventate or ABG II hip replacements, please call Phoenix Arizona mass tort attorney Steve Leshner for a free consultation.
In the February 2016 issue of The Journal of the American Medical Association (JAMA) results of a large study involving over ten thousand patients showed that Prilosec and other heartburn drug PPI use may increase the risk of the development of chronic kidney disease by 20 to 50 percent. The study indicated that the longer a person used the drug, the greater the risk, especially if the medication was used more than once a day.
If you or someone close to you has been using Nexium, Prilosec, Prevacid or other PPI, and has been diagnosed with chronic kidney disease, acute kidney injury, renal or kidney failure, acute interstitial nephritis, dialysis treatment, kidney removal, kidney transplant or kidney related death, please contact Phoenix Arizona mass tort product liability attorney Steve Leshner for a free consultation.