North Carolina Product Liability Lawyer Blog

Articles Posted in Counseling

Failed Medical Devices Deprive People of Vitally Important Exercise

Published on: June 30, 2016 | By Clay Hodges

I was reading an article about the latest study touting the benefits of exercise. It was stunning. The study involved analyzing the brains of two groups of mice: one group in a cage with an exercise wheel; the other in a cage without the wheel. Researchers watched the mice for four weeks. Predictably, the mice with the exercise wheel exercised; the mice without the wheel did not. After a month the scientists measured brain activity in both groups.

Turns out, running and other forms of exercise produce a protein in the brain called “brain-derived neurotropic factor” or BDNF (I feel smarter just writing that name). This stuff is very good for your brain. BDNF promotes the growth and vigor of neurons. BDNF has also been shown to strengthen the synapses that connect neurons, which allows the brain to function better. Low levels of BDNF has caused cognitive decline in people and animals. Exercise increases levels of BDNF in the brain.

Exercise Promotes BDNF and Ketones

In the study scientists discovered that in the brains of mice who exercised regularly, a molecule which blocked the growth of BDNF was less effective. As a result, much more BDNF was produced in the mice who exercised. Sadly but predictably, less BDNF was produced in the sedentary mice. Researchers also found that the exercising mice produced ketones which make their way to the brain and fight off the bad molecules and further promote the growth of BDNF. The guy who directed the study, NYU professor Moses Chao, said: “It’s incredible just how pervasive and complex the effects of exercise are on the brain.”

You can check out the new study here. It’s the latest in a long line of studies which prove time and again that exercise is vital to your health. Seriously, people have to exercise. Not exercising causes all kinds of physical and mental problems.

Seven Actions You Should Take If You Have An IVC Filter Implant

Published on: June 23, 2016 | By Clay Hodges

Approximately 250,000 people have an IVC filter implanted each year. Each time it captures a blood clot and prevents it from moving into the heart or lungs, it is a great thing. Unfortunately, IVC filters often cause other health problems, sometimes as serious as the conditions they were designed to prevent. I wrote about the problems the IVC filter is causing many patients here.

Two corporations manufacture most of the IVC filters on the market: C.R. Bard, Inc. and Cook Medical, Inc. Lawsuits have been filed over Bard’s Recovery, G2, and G2 Express IVC filters. Lawsuits have also been filed over Cook’s Gunther Tulip and Celect IVC filters. Hundreds of people have been injured by these IVC filters. Try not to be one of them.

If you have an IVC filter implanted in your body, you must stay on high alert. I suggest taking the following actions if you have an IVC filter implant:

The Criminal Pursuit of Profit: Device Company Execs Accused of Fraud

Published on: June 15, 2016 | By Clay Hodges

Profits can lead corporations to take dangerous risks. In the medical device industry, it can mean that a company decides to rush a product onto market without proper clinical testing. Or it could mean the company goes too far in promoting a product for “off-label use.” Sometimes, the pursuit of corporate profits turns into a crime.

There is an unsettling criminal case being tried in Massachusetts federal court this week. Two executives of a company called Acclarent are being prosecuted for fraud in the marketing of a medical device known as “Stratus.” The Stratus was a device that was supposed to relieve symptoms of sinusitis using saline. It consisted of a tube with a balloon attached to a sharp pin. The device would be implanted in the patient’s sinus, where it would be left in place for two weeks. It was reported to work as similar devices which created space in the sinus area using saline, which allowed patients to breathe easier. But according to testimony in the criminal trial, Acclarent had other intentions for the Stratus. Instead of using saline, the Stratus was intended to deliver “Kenalog,” a steroid found in medications like Nasacourt.

But I should back up.

Your Product Liability Case and the (Dreaded) Statute of Limitations

Published on: April 27, 2016 | By Clay Hodges

The statute of limitations can be the strongest defense a product manufacturer will bring to defend itself and avoid paying money in a product liability lawsuit. It can be deadly to your medical device or drug case. The problem is, determining the proper deadline to bring your lawsuit is rarely simple. It is critical that you find someone who can figure out when the clock started ticking on your product liability case.

Definition

Let’s start with a simple definition: a statute of limitations is a state law which limits the time period when you may bring a lawsuit for money damages for a personal injury. In each state you have a certain number of years from the injury, or the date of discovery of the injury, to file a lawsuit and recover money for your injuries.

If you miss this deadline, you lose your right to bring the lawsuit, forever. These statutes must be taken very seriously.

Rationale

The rationale makes sense: citizens and companies do not need to be vulnerable to being sued indefinitely for an act of negligence. If you were in my grocery store twelve years ago, slipped on a banana peel, broke your arm, got medical treatment, recovered, then waited over a decade and finally sued me and my grocery store for negligence, it could be a serious hardship on me and deeply unfair. I need reasonable assurance that I won’t be exposed to lawsuits forever. So states across the country have written statutes that limit the amount of time an injured person can bring a lawsuit. Essentially, state legislatures are telling injured persons: we respect your right to sue for money damages when you are the victim of some kind of negligence, but don’t sleep on your rights. If you are hurt because of someone else, get on with it and file a lawsuit. And if you wait too long, you lose your right to recover damages.

(I don’t really own a grocery store.)

Determining When Your “Lawsuit Clock” Starts Ticking

My Challenge to Medical Device and Drug Companies: Put Me Out of Business!

Published on: April 11, 2016 | By Clay Hodges

I don’t drink the Kool-Aid. I distrust simple answers, group-think, zealotry. I can’t stand when people make sweeping generalizations about the absolute evil of one side and the unconditional good of the other side. I don’t usually spend much time with plaintiffs’ attorneys who think every corporate decision is an act of violence and malfeasance. I am convinced there are two sides to every story (even if, often, one side of the story is weaker).

Medical Devices and Drugs Have Saved Many Lives

So it is with my law practice. I do not believe major companies are evil, that they are out to hurt people, that all the conspiracy theories are true. I am convinced the life-cycle of a medical device or drug begins with a beautiful idea: to develop a product that will save lives, that will make people more active, that will help people and not hurt them. In fact, virtually all medical devices or drugs are first developed by one or a few smart people attempting a solution to a pressing health problem.

And these medical devices and drugs have saved lives. And as a society we have to create an environment where doctors and scientists and corporations have the freedom and the opportunity to build new medical devices and new drugs to solve vexing health problems.

What Costs Must Be Paid From My Product Liability Settlement?

Published on: March 30, 2016 | By Clay Hodges

I just spent a few days in Charleston, South Carolina. As always, I was mystified at all the different ways the hotel charged me for one room. There was of course the room charge (I was expecting that) but there were also daily parking fees, and taxes, taxes, taxes: state and city, a charge generically labeled “tax,” even a separate line-item for something called “tourism tax.” Beyond that, I tipped the bellman each time he touched my luggage, the barista for pouring my morning coffee, and the accommodating concierge who gave my family helpful maps of the city.

So let’s get it out of the way: everything in life costs money. A personal injury lawsuit is no different. It is expensive to bring a lawsuit, and it is extremely expensive to litigate a case through trial. Most times, an injury suit settles before trial, but even then there are costs that will have to be paid out of your negotiated settlement amount. Best to be educated about these costs up front and be prepared for them when your settlement approaches.

Paying Your Bills While Your Product Liability Case Is Litigated

Published on: March 15, 2016 | By Clay Hodges

I get it. When you get injured, you almost immediately begin to worry about money. It is completely rational. If my client is a car salesperson and has severe pain after standing for more than an hour, he may worry that his failed artificial hip surgery could cause him to lose his job. If another client is a graphic designer, and a car crash results in a broken arm, the client may wonder how she will do her graphic design work at a computer or work space. Beyond concerns about handling job duties, there will be immediate financial pressures. I wrote about handling medical bills in a product liability case here. But there are of course other bills to be paid: mortgage payments or rent, food, utilities, and other expenses of living. It can seem overwhelming.

Try to Get Through This Difficult Period Without Obtaining Loans

I know, I know, easy for me to say. And frankly you are right. No one ever wakes up and says, “today is a great day for me to enter into a ruinous loan I will never be able to pay back.” I understand that most people attempt to exhaust every other funding source before looking for third-party funding during a desperate financial period. But I am going to say it anyway: exhaust every other funding source before looking for third-party funding. Call your parents, your kids, your friends, anyone who might help you get through the difficult financial period you face when waiting for a product liability or other personal injury case to resolve.

Paying Medical Bills As Part of Your Product Liability Case

Published on: March 9, 2016 | By Clay Hodges

“How am I supposed to pay all these medical bills?”

This is usually one of the first questions I get from people injured by a failed medical device. Typically a failed device like a hip or knee causes all kinds of health problems for a person. Often a revision surgery is necessary, and sometimes several surgeries. All this extra medical care is expensive. It also requires large amounts of time to rehabilitate and recover, which causes substantial time away from work. Some of my clients lose their jobs, or are forced to quit because they can no longer do the work. Meanwhile, the bills from surgeons and hospitals continue to pile up.

Medical Providers Expect Payment

First, no matter who is at fault for your failed medical device or harmful drug, the doctors and hospitals who provide you treatment will expect prompt payment of their bills. After surgeries, these bills often come fast and furiously. If you have health insurance you will need to arrange with the physician and/or the hospital ahead of time to file a claim for payment. But even if you have health insurance you will most likely be responsible for payment of a significant portion of the costs of your medical care (through co-pays, deductibles, and/or percentages of the medical bill not covered by health insurance). The surgeon or hospital will expect you to pay these amounts promptly.

So what can you do?

Employment Issues When an Artificial Hip Fails: My Guest Post

Published on: March 8, 2016 | By Clay Hodges

I was asked by an employment lawyer in Arlington, Virginia to write a guest article on employment issues that often arise when a client’s artificial hip fails. My post was published today. You can check it out here: Two Key Protections When You Lose Your Job or Wages Following Artificial Hip Failure.

As you can read in the article, a client typically has to deal with physical challenges and employment issues when an artificial hip or other medical device fails. It can be financially devastating to be physically incapacitated and unable to return to your normal work hours. I have had clients who had to resign their positions because they could no longer sit at a desk or stand in a car lot for long hours. But there are ways to protect yourself when you are in this position, and you should be aware of them. The Americans with Disabilities Act prohibits employers from firing you simply for having a disability. Also, you can and should bring a claim for lost earnings in your product liability lawsuit for a failed medical device or failed drug. You can read about lost earnings claims in the context of the Depuy ASR Hip Settlement here.

Five Important Ways You Will Participate In Your Product Liability Lawsuit

Published on: February 10, 2016 | By Clay Hodges

I have never met a client who “likes” lawsuits. Frankly they stink. Lawsuits are difficult, invasive, frustrating, potentially embarrassing exercises. And litigation is slow—a lawsuit against a medical device maker can take a year or two or longer to resolve, and if the case goes to trial, it can take several years to reach the jury’s verdict. The most important thing you will do in any case is select an attorney. I write about choosing and working with an attorney here and here and here. Let me remind you that you do not want to represent yourself in a product liability case. In some limited areas of law representing yourself may make sense, but you do not want to start a legal battle alone against a large corporation in a product liability case. So choose a good lawyer first.

Once a lawsuit is filed in your product liability case, you will have to participate actively. You will be involved in dozens of discussions, decisions, and tasks over the life of a lawsuit, and there are five big ways you will contribute to winning your case.

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★★★★★

I was involved in a case for the faulty hip replacements. Clay Hodges represented me. I can't say enough about how much he has helped me. Clay was able to win multiple settlements on my behalf with most of them being the maximum amount able to be awarded. Matt J.

Clay, thank you sir for making a disheartening experience at least palatable, you and your staff were honest, caring and understanding through the entire process of my wife’s hip replacements, while monetary settlements never make the pain and suffering end, it sometimes is the only way people can fight back to right a wrong. J. V.

We are absolutely pleased with how Clay Hodges handled my husband’s hip replacement claim. He always kept us informed of the progress. And, his work resulted in a settlement which we are extremely pleased. Thank you, Clay! Carol L. & Norm L.