Personal Injury Law Specialist in Phoenix, Arizona

In March of this year, the New York Times published an article about the high early failure rate of DePuy’s ASR hip replacement. Since that article was published, many more reports of failures of ASR hip replacements have been received by both DePuy and the United States Food and Drug Administration. In its article, the New York Times quoted orthopedic experts critical of the design of the ASR hip replacement. Experts were also critical of DePuy’s failure to stop sales of the device sooner.

The evidence suggests thatthat the DePuy ASR hip replacement was defectively designed, and that DePuy knew that their ASR hip replacements were failing at a higher than expected rate, yet did not pass that information on to consumers or orthopaedic surgeons. As a result, a diagnosis that the ASR hip replacement implanted in patients failed were needlessly delayed astheir physicians were unaware of the prevelance of other failures. During patients’ surgeries to replacefailed hip replacements,orthopedic surgeons discovered that the cup portion of the ASR hip replacementwere extremely loose. The ASR hip replacementwas designed so that a patient’s bone grows into the back of the cup to secure it. However, loosening because of a lack of bone in-growth into the cup is the critical aspect of DePuy ASR hip replacement failures.

If you or someone you know suffered from a DePuy ASR hip replacement failure, please call Steve Leshner for a free case review and consultation. Several years ago, Steve Leshner successfully handled over 50 Sulzer Orthpaedic hip failure cases which were also caused by a manufacturing defect that prevented adequate lack of bone-ing growth, and the consequent loosening of the cup.

Malignant mesothelioma is a rare form of cancer that develops from the protective lining that covers many of the body’s internal organs, the mesothelium. Asbestos is the major cause of malignant mesothelioma and has been considered indisputably associated with the development of mesothelioma. The relationship between asbestos and mesothelioma is so strong that many consider mesothelioma a “signal” or “sentinel” tumor.Unlike lung cancer, there is no link between smoking and development of malignant mesothelioma.

Tragically, companies that produced asbestos-containing products during the 1940-1980sknew of the dangers of asbestos and chose not to inform those working with their products.Knowledge of the dangers of asbestos was evident even before asbestos was in widespread use. Internal documents found in corporate files reveal that not only did the companies have knowledge of the hazards of asbestos but also took extra steps to prevent publication or mention of asbestos related dangers. One such case is when Sumner Simpson, the president of Raybestos-Manhatten, wrote to Vandiver Brown, head of Johns-Manville’s legal department in 1935. He said, “I think the less said about asbestos the better off we are.” Brown replied, “I quite agree with you that our interests are best served by having asbestosis (an asbestos caused disease) receive the minimum of publicity.” In 1936, officials from asbestos manufacturing companies met in New York City to agree to secretly finance animal experiments at the Trudeau Foundation’s Saranac Laboratory in Saranac, NY.Their intent was to gather data that would support a defense to lawsuits that were beginning to be brought against the asbestos companies. Before the final publication, the Saranac report had made reference to the findings that animals exposed to asbestos developed cancer.In the final report, however, all mention of the cancer was erased.In addition, the revised report was silent in its criticism of the asbestos dust threshold limit value (TLV) and previously published studies that linked asbestos with cancer. Later in 1952, discussions from a Saranac symposium that included asbestosis and cancer caused by asbestos were never published.

This “sworn secrecy” in the asbestos industry is also shown elsewhere. In 1947, the Asbestos Textile Institute (ATI) sponsored a study of textile factories by the Industrial Hygiene Foundation. The study found that the workers had asbestosis, made recommendations about medical examinations, and recommended a re-evaluation of the industry’s threshold limit value for asbestos. However, these findings were never published outside of the ATI. In the 1950s, the Institute rejected funding for further cancer studies because “such an investigation would stir up a hornet’s nest and put the whole industry under suspicion.”

As more and more information about the dangers of asbestos became known to asbestos manufacturers, the industry feared that the dangers of asbestos would be publicized and would damage profits. Industry members opposed a health and safety booklet because “the booklet creates fear in the minds of buyers, users, and workers without justification. These fears would be damaging to the entire industry.” The asbestos companies knew that this was a problem that affected the entire asbestos industry and worked together to keep the dangers of asbestos from becoming well known to the public.

Because of the widespread use of asbestos, and the long period in which mesothelioma is latent, and undiagnosed, many people, in a variety of trades and industries, are now being diagnosed with mesothelioma, decades after they were first exposed.People who worked in powerhouses, residential and commercial construction, shipyards, steel mills, oil refineries, chemical plants and foundries from the 1940s thru the 1980s are at risk for developing mesothelioma, as are those who were employed during that time as carpenters, ironworkers, plumbers, pipefitters, laborers, machinists, boilermakers, insulators, mechanics, millwrights, plasterers, drywallers and painters, all because of the prevalence of asbestos in many industries and trades.Family members of those employed in these industries and trades are also at risk because of second hand exposure,

If you or a loved one has been diagnosed with mesothelioma, please call Steve Leshner for a free consultation.

A highly-popular statin used to help manage cholesterol levels is being hit with a warning label by the U.S. Food and Drug Administration (FDA) due to the fact that it may damage muscles.

The drug simvastatin, which goes by the brand name Zocor in many cases, has been found to actually increase the risk of muscle damage in its users.

The FDA has stated that in two different trials, known as SEARCH and AtoZ, the drug shows that it increased the risk of skeletal muscle damage, known as myopathy.

It appears that the increased risk comes from the 80 milligram doses which are commonly taken daily by patients.

Doctors are being urged not to prescribe the 80-milligram dose of simvastatin to any new patients, as well as to watch for existing patients.

The 80-milligram dose should only continue for existing patients if they have been on the drug for over a year without any muscle issues.

If you are someone close to you has taken 80 mg. Simvastatin-Zocor, and suffered from rhabdomyolosis, myopathy, kidney failure or damage, liver failure or damage, or death, please call Phoenix Arizona Personal Injury Attorney Steve Leshner for a no-charge review and consultation regarding your potential case.

Johnson & Johnson says it’s under investigation by federal prosecutors over the company’s practices in marketing a line of hip replacements recalled two years ago because many failed and had to be replaced within five years.

The U.S. Attorney’s Office in Massachusetts and the Civil Division of the U.S. Justice Department last August sent a Johnson & Johnson subsidiary an informal request for information about its ASR XL hip replacements.

J&J says in a regulatory filing that its DePuy Synthes Inc. subsidiary, which makes joint replacements, surgical trauma equipment and other orthopedic surgery products, is cooperating fully with the investigation.

The company says that subsidiary and two others have turned over documents requested by the government.

J&J recalled the DePuy ASR artificial hips in August 2010.

Stephen I. Leshner is currently handling cases for many DePuy ASR clients in the Federal Multi-District Litigation (MDL) in the Northern District of Ohio, as well as cases involving DePuy Pinnacle, Smith & Nephew R3, and Wright Medical Conserve in their respective MDL litigations.Additionally, Steve has been able to settle cases for clients with Wright Medical Profemur Z femoral neck fractures, and Zimmer Durom cups.If you or someone close to you has been injured by any Metal-on-Metal hip replacement system, please call Steve for a free consultation.

The publication Law & Politics has completed the nomination and selection process for 2009 Arizona Super Lawyers and for the second year in a row, Phoenix attorney Steve Leshner has been named as an Arizona “Super Lawyer” in the area of Personal Injury Law.

In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel.