In spite of all the problems the hip replacement manufacturer has had with the design and integrity of its manufacturing process, Stryker CEO Stephen P. MacMillan is one of the highest paid CEOs in the industry. He makes an annual salary of $2.84 million! In an age of corporate parachutes and malfeasance, I guess the salary shouldn’t surprise me. Hopefully, his salary will not shield him from answering questions about his faulty hip replacement product. A voluntary recall after two years of patient complaints will not suffice. Those who’ve suffered with the faulty hips will demand answers for what they’ve had to endure whil MacMillan was enjoying his fat salary. Stryker Recall Attorney Stryker Hip Implant Acetabular Cup Recall Lawsuit

The Stryker recall of medical hip surgery products that followed the U.S. Food and Drug Administration warning last week has focused attention on this orthopedic product manufacturer. Stryker recalled its Trident PSL and Hemispherical Caps that were made in its Cork, Ireland plant. The company had received consumer complaints since 2005 about improper fitting of the hip implants that cause bone fractures. It is expected that civil lawsuits will be filed to determine the cause of the product failures.
Further investigation into this company reveals that Stryker Orthopedics, a division of Howmedica Osteonics Corp., based in Mahwah, N.J. entered into a nonprosecution agreement and a civil settlement with New Jersey U.S. Attorney Christopher Christies over charges that from 2002-2006 Stryker funneled money through consulting agreements to surgeons. The U.S. Attorney’s staff said that the payment provisions violated an anti kickback provision of the medicare fraud statute. As part of the settlement Stryker hired former U.S. Attorney General John Ashcroft as a monitor to supervise corporate reforms mandated by the settlement.
It will be interesting to see if there is any relation between the New Jersey U.S. Attorney’s investigation and the defective hip implant recall. I look forward to taking the depositions of the company officers on these questions.
Stryker Recall Attorney Stryker Hip Implant Acetabular Cup Recall Lawsuit

Medical device maker Stryker Corporation will voluntarily recall its Trident PSL and Hemispherical Acetabular Cups after the FDA ordered the medical device company to fix a number of manufacturing defects in the hip replacement parts. Some patients who’ve received the Trident PSL and Hemispherical Acetabular Cups have had to have follow-up surgeries to fix the problems. The FDA has known about patient complaints since 2005 when improperly fitting hip implants caused bone fractures in some hip replacement patients.

With the wildly popular marketing campaigns of drugs touting benefits for erectile dysfunction, high cholesterol, sleep disorders, and anxiety attacks, the marketing departments of medical device makers are plunging into the direct-to-consumer market. They want to be able to place ads in print media, tv, and internet touting the benefits of their medical device such as stents, defibrillators, and surgically implanted hips and knees. However, some medical professionals including doctors are warning that the trend is a dangerous one for consumers. Just as the tv ads for drugs tend to emphasize the benefits of the drug while downplaying its risks, doctors are leary of allowing Madison Avenue replace good science. The new aggressive ad campaigns come at a time when medical device makers are facing more scrutiny from Congress and the FDA for their manufacturing processes as well as their marketing practices. If the device makers are allowed to market their products like the drug companies, the real loser is the consumer who may not be aware of the risks involved.

So one of your New Year’s resolutions is to finally kick the habit and give up smoking. You see tv ads running that tell you that this pill makes giving up smoking easier. What the ad doesn’t tell you is there are some pretty nasty side effects to Chantix such as depressed mood, agitation, suicidal thinking and suicidal behavior. The side effects are serious enough that Pfizer, the drug’s manufacturer has strengthened the warning on the drug’s label. The warning asks doctors to monitor their patients for signs of those side effects. So much for a magic pill that makes it easier to stop smoking.

In what is becoming an alarming trend, the makers of certain anti-depressant drugs withheld 1/3 of their studies’ results in order to obtain government approval for their drugs. Pharmaceutical companies that manufactured the popular anti-depressants Prozac and Paxil never published 1/3 of their drug trial studies in order to get the government to approve the drug, misleading doctors and consumers about the drugs’ effectiveness and safety. The new findings, published in the New England Journal of Medicine, found that about 60 percent of people taking the drugs report significant relief from depression, compared with roughly 40 percent of those on placebo pills. But when the less positive, unpublished trials are included, the advantage shrinks, calling into question the real value of the drugs themselves. It’s alarming to note that 94 percent of the positive studies found their way into print, just 14 percent of those with disappointing or uncertain results did. This leaves doctors and their patients at a significant disadvantage when trying to determine treatment options.

The World Health Organization has issued a 91 page report detailing the dangers of Kava kava use. In the report, Kava kava is associated with 7 deaths and 14 liver transplants. Eight cases were determined to have a close association between the use of kava and liver dysfunction because the patients recovered on withdrawal of kava and no other plausible cause for the liver problems would be identified. Fifty-three cases were classified as having a possible relationship, but they could not be fully assessed due to insufficient data or other potential causes of liver damage. Five cases had a positive rechallenge, meaning the patient improved on withdrawal of kava, but worsened with reintroduction. Most of the other case reports could not be evaluated due to lack of information.
It’s interesting to note that the kava dangers have been found in the supplement manufactured and sold in health food stores. It has not been found to be a problem when it is consumed by the natives who mix it with water. Our law firm has received a database report from the Center for Food Safety and Applied Nutrition, the US FDA branch overseeing food and dietary supplements which containing 84 adverse events associated with Kava from early 2002 through June 2007. Three reports are associated with “Happy Camper,” manufactured by Natural Balance, Inc., a subsidiary of Nutraceutical International Inc. Nevertheless, kava is still available for use in the United States as a dietary supplement for anxiety.

Last week’s 70 car crash pileup caused by dense fog and a controlled burn wildfire wasn’t the first time a tragedy occurred in the Lakeland section of I-4. According to a story reported in the Lakeland Ledger, there have been 11 such fatalities since 1974. The low lying area is prone to dense fog. When the fog is coupled with a fire, the I-4 road becomes a terrible hazard. With this history, it seems officials should have been proactive in closing I-4. There have been no significant changes in I-4 safety measures since 1974. Other states such as Tennessee have encountered similar problems with fog and smoke and have taken steps such as installing signs and fog/smoke monitoring systems. Florida has not taken such steps.

Interstate 4 has now reopened but officials are monitoring weather and the wildfire. If circumstances suggest hazardous conditions, the highway just east of the east entrance/exit of the Polk Parkway to U.S. 27 in Haines City will be closed again. It’s unfortunate such vigilance hadn’t been present prior to Wednesday’s tragic 70 car crash. A portion of the highway had to be resurfaced due to the extreme heat generated from the multiple vehicle fires.
Florida Interstate Auto Accident Lawyer Information Page
No lawsuits have been filed yet. However, we expect a large number of legal claims to be filed in the near future. Obviously, the carelessness of the state employees who could’ve prevented this disaster will prompt many victims and their families to hold the state accountable. These claims will also likely be against other drivers who failed to slow down or exit the highway considering the limited visibility due to heavy fog and smoke. Those who bring the first claims may have an advantage due to limited auto insurance coverage as well as caps on damages against the State of Florida.

The lawsuits that will be filed over the 70 car chain reaction crash near Lakeland, Florida will involve complex issues of legal liability. Certainly, there is evidence the workers for the Florida Fish and Wildlife Conservation Commission were negligent in allowing the controlled burn of brush get out of control causing the excessive smoke in the area. The State of Florida is likely legally liable for the smoke that was a contributing cause of the crash on I 4. The State of Florida’s legal liability is limited by caps on damages that only apply to the state under the doctrine of sovereign immunity. It is also possible the the State of Florida may be liable for failing to close the interstate once the burn got out of control and the smoke mixed with the early morning fog to cause the loss of visibility on the highway.
Attorneys will also be able to show that some of the drivers of the trucks and cars involved were partially at fault for failing to slow down sufficiently or stop when they saw the smoke. Each of the various segments of the 70 car chain collision may involve partial legal liability of different cars and trucks. Furthermore, those individuals who bring claims first may have an advantage by being able to demand all the insurance coverage from at fault vehicles and collecting it. It will be interesting to see how the Florida courts handle these issues. Most of the crashes occured in Polk County, Florida which includes Lakeland, Bartow, Lake Alfred, Polk City, and Haines City. Depending on the specific parties involved there could be legal jurisdiction for lawsuits in counties other than Polk County for some of the cases.
It is likely there will be some significant legal decisions involving governmental liability that will progress through the Florida courts for many years as a result of this horrific chain reaction crash.