North Carolina Product Liability Lawyer Blog

New Study Reinforces Link Between Contaminated Water at Camp Lejeune and Cancers

Published on: February 15, 2024 | By Clay Hodges

The Camp Lejeune “Elective Option” has been open for a while now and allows eligible individuals affected by contaminated water from Camp Lejeune to seek monetary compensation for their injuries. The goal of this administrative process is to make it faster and easier to receive monetary compensation and avoid going to court.

A potential problem with the Elective Option is that it’s only available to those with officially recognized medical conditions. Another issue is that it has predetermined monetary payouts for certain injuries. This means it can result in certain people receiving less compensation than if they sued in court.

However, the window for filing suit will close soon. Most individuals have until August 2024 to start the administrative claims process. Luckily, a new scientific study was released that may make it easier for those harmed by Camp Lejeune contaminated water to obtain damages for their injuries.

Disassociation Failures in Stryker LFIT V40 Artificial Hips

Published on: January 29, 2024 | By Clay Hodges

For a while now, Stryker has had issues with some of its hip replacement artificial implants. One troublesome type in particular has been the LFIT V40 series. Specifically, in some of these Stryker hips corrosion forms where the femoral head connects with the femoral stem. This would often lead to taper lock failure, or a compromised joint that would loosen and cause metallosis.

This issue helped lead to a recall in 2016 and an expanded recall in 2018. One of the reasons for the 2018 recall was a higher-than-expected number of reports of the femoral head disassociating (disconnecting) from the femoral stem.

What Is Artificial Hip Disassociation?

Signs Your Artificial Hip May Be Failing (UPDATED 2024)

Published on: January 5, 2024 | By Clay Hodges

Not all artificial hips fail. Many total hip replacement surgeries are successful. Unfortunately, artificial hips, particularly “metal-on-metal” hips, have “failed” at a rate much higher than previous artificial hip systems, whose components typically consisted of a combination of metals, plastics, and ceramics. The metal-on-metal design placed a metal ball or head directly into a metal acetabular cup. By using a metal cup and a metal ball, these artificial hips forced metal to rub against metal with the full weight and pressure of the human body. As long as the metals held up, all would be well. But it turned out that this intense pressure and movement often caused the metals to grind and deteriorate, and too often releasing metal particles into the surrounding tissue and into the bloodstream. In other artificial hip failures, such as with the Stryker LFIT v40, femoral heads can malfunction due to a failure in the taper lock. The taper lock is the part of the hip prosthesis that connects the femoral head to the stem. This can cause the neck on the femoral stem to grind down (sometimes referred to as “penciling”) and can even lead to a full disassociation (more on that below).

In still other artificial hip failures, the plastic liner (between the cup and ball) deteriorates and causes the total artificial hip system to fail. Polyethylene liners are very important in an artificial hip because over the years, it will serve as a buffer between the metal cup and also the metal femoral head or ball, so it can protect against excessive grinding of the hip components. But the studies have shown that Exactech hip plastic liners have been breaking down and showing signs of premature wear.

Please note that with any hip replacement surgery, there will be a period of rehabilitation. Even with great surgery results, the patient will suffer some soreness, stiffness, and a period to regain strength, mobility, and comfort. From the hundreds of people I have spoken with over the years who have undergone hip replacement surgery, even successful hip replacements do not turn you into a completely pain-free eighteen year old athlete.

FDA Criticized for Flawed and Delayed CPAP and BiPAP Recall

Published on: December 22, 2023 | By Clay Hodges

I’ve written extensively about problems with some Philips CPAP and BiPAP machines, including alleged injuries, affected machines, recalls, and potential litigation. That litigation is ramping up, but a new concern has arisen over the FDA’s inadequate and delayed recall process.

Specifically, governmental safeguards designed to protect the public from faulty or dangerous medical devices may not be working properly. Using the Philips recall situation as a prime example, let’s examine what going on with the U.S. Food and Drug Administration (FDA) and why there might be room for improvement in how it handles potentially dangerous medical devices.

The FDA’s Role in Keeping Consumers and Patients Safe

Ozempic Label Does Not Include Gastroparesis Warning

Published on: December 13, 2023 | By Clay Hodges

I recently wrote about the start of what may become a wave of lawsuits against the maker of Ozempic due to certain side effects from that medication. In particular, several users claim that Ozempic and related drugs caused their gastroparesis, or the slowing (or stopping) of food from the stomach to the small intestine. The primary argument is that the Ozempic label did not contain adequate warnings concerning potential side effects.

After this litigation began, Novo Nordisk (the maker of Ozempic) updated the Ozempic’s label. Could this have been in response to the existing litigation or fear of future litigation? We don’t know, but let’s take a look this recent product label change, including how it relates to earlier changes and the labels for similar drugs.

An Overview of Ozempic and Related Medications

Elective Option for Camp Lejeune Contaminated Water Claims (Part 2)

Published on: November 22, 2023 | By Clay Hodges

Let’s jump back into our discussion of the Elective Option in the Camp Lejeune toxic water litigation. In this Part 2 we will discuss qualifying injuries, proven exposure to toxic water, and the settlement possibilities within the Elective Option:

How Do I Prove I Have a Qualifying Injury?

You’ll need to provide medical documents indicating you were diagnosed and/or treated for a qualifying injury. These must be original or certified copies. If it’s impossible to provide either, you’ll need to sign a sworn statement explaining why you can’t provide an original or certified copy along with an uncertified copy.

Elective Option for Camp Lejeune Contaminated Water Claims (Part 1)

Published on: November 16, 2023 | By Clay Hodges

The Camp Lejeune toxic water litigation continues to chug along in the U.S. District Court for the Eastern District of North Carolina, with no major developments. This isn’t too surprising given how it’s still early in the overall litigation. However, there’s been a major development in the administrative claims process.

Specifically, the U.S. Department of Justice (DOJ) and the U.S. Department of the Navy have announced something called an “Elective Option.” On paper at least, this is designed to help speed up the time it takes for claimants to receive compensation, as well as ease the burden of proving claims.

This may seem like welcome news, because as of the time of this writing, there are almost 100,000 administrative claims filed with the Navy. But a claimant should be vigilant and make sure the compensation offer under this option is reasonable and fair.

An Update to Philips CPAP and BiPAP Machine Recall

Published on: October 13, 2023 | By Clay Hodges

Philips Respironics (Philips) is a major manufacturer of the CPAP and BiPAP machines that help people with central sleep apnea and obstructive sleep apnea. Philips also makes ventilators that have no doubt saved lives in hospitals and other healthcare settings. These machines use a special type of foam to reduce the sound and vibration coming from these devices. Unfortunately, the foam Philips chose years ago can degrade and injure users, which eventually led to a 2021 CPAP recall. Let’s take a look at a recent development concerning Philips and its ventilator, CPAP and BiPAP products.

A Brief Overview of How We Got Here

In June 2021, the U.S. Food and Drug Administration (FDA) issued a Safety Communication notifying the public that Philips had recalled certain BiPAP, CPAP and ventilator machines. There were concerns that the polyester-based polyurethane (PE-PUR) foam used in these devices could break down, allowing small bits of foam to enter a person’s body. The FDA also mentioned that the foam could off-gas and release harmful gasses into the machine’s airflow causing additional harm.

Ozempic Gastroparesis Lawsuits: An Overview

Published on: September 12, 2023 | By Clay Hodges

You’ve probably heard about the blockbuster drug, Ozempic. Maybe you’re already taking it or perhaps you were just watching the Oscars earlier this year. Either way, it’s hard to not know about Ozempic and its growing popularity to not just treat type 2 diabetes, but also weight loss.

As helpful as Ozempic is to lower blood sugar and/or weight, it’s also known for some unpleasant side effects. One possible side effect is gastroparesis, which has led to one of the first lawsuits linked to Ozempic.

What Is Ozempic?

Aqueous Film-Forming Foam (AFFF) and PFAS Litigation Update, Part 2

Published on: July 25, 2023 | By Clay Hodges

Back in June I wrote a blog post about a possible $1.185 billion settlement between several defendants in the Aqueous Film-Forming Foams (AFFF) Products Liability Litigation MDL No. 2873 (AFFF MDL). This is a large amount of money, but given how many people and municipalities may have been harmed, this is almost a drop in the bucket when it comes to how much more money could be at stake here. In fact, just a few weeks later, there was news of another viable settlement in the AFFF MDL.

The 3M Settlement

According to its June 22, 2023 press release, 3M announced a potential settlement with public water suppliers, many of which are plaintiffs in the AFFF MDL. The settlement amount will be at least $10.3 billion. This money would be used to help public water suppliers remove perfluoroalkyl and polyfluoroalkyl substances (PFAS) from municipal water supplies as well as fund continued water testing.

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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.