Free Consultation

Office Locations

The Cochran Firm Legal Blog

With Office Locations Nationwide

Tuesday, October 21, 2014

DePuy Hip Implants: An Ongoing Saga of Litigation

By: Anna Blood, Intern
The Cochran Firm

DePuy sold and marketed the ASR XL total hip replacement, ASR hip resurfacing system and Pinnacle hip implants as a safe and effective way for patients to maintain an active lifestyle. Today, many patients suffer from severe and life-threatening injuries as a result of DePuy’s negligence in testing and designing of its products.
Since the 2010 recall, thousands of lawsuits have surmounted against DePuy as patients continue to be adversely affected by the ASR hip implant system. Plaintiffs generally claim that the products causes them pain, swelling, infection, damage to bone and tissue and most seriously, chromium and cobalt metal poising, known as “metallosis.”
In 2012, federal judges presiding over multidistrict litigation involving DePuy ordered parties to select cases for bellwether trials to begin in 2013. Courts utilize the bellwether approach when there are a large number of plaintiffs suing for the same claim or theory.
The first bellwether trial for ASR multidistrict litigation began in September 2013, in a federal court in Ohio. Under this suit, Johnson & Johnson agreed to pay $2.5 million to settle approximately 7,500 hip law suits by giving an average of $250,000 to each plaintiff that was required to removed or replace their hip implants before August 31, 2013. This suit marked the largest defective medical device settlement in the history of the U.S.
Under the settlement, the payment by Johnson & Johnson was to be divided into two pools, with $2 billion going to basic awards and $475 million covering additional payments to compensate patients who sustained more significant injuries. Additionally, plaintiffs who smoke, are overweight, or are older will see reduced payments. Separately, Johnson & Johnson agreed to pay all medical costs and related procedures. Payouts under this settlement began in June of 2014 and will continue in the future.
Also in 2013, Johnson & Johnson settled the claims of three Nevada women who received ASR implants from the same surgeon. These cases were settled in state court for $200,000 each. Additionally, in California the first in a series of law suits against Johnson & Johnson concluded with a jury finding for the plaintiff in the amount of $8.3 million.

More recently, on July 2, 2014 the Oregon Department of Justice reached a $4 million settlement with Johnson & Johnson. Oregon’s single-state settlement is the first government action to resolve allegations that DePuy failed to disclose to physicians and patients that its ASR XL “metal on metal” artificial hip devices had an alarming rate of failure.

Federal bellwether trials for Pinnacle hip implants are scheduled to begin in September 2014. DePuy has refused to recall the Pinnacle Hip even though the metal-on-metal components are similar to the ASR and instead discontinued its use in 2013. Pinnacle hip patients show clear signs of metal poisoning known as “metallosis,” pain, swelling, muscle and bone damage.

posted by The Cochran Firm at 3:04 PM

Monday, October 20, 2014

Nicotine Poisoning in Children

Poison control has received more than 2,700 reports of nicotine poisoning so far this year. Over half of those reports have been for children under the age of six. This sharp increase in nicotine poisoning in children is directly related to the liquid nicotine used in e-cigarettes.
As more smokers have switched to vaporized nicotine, liquid nicotine has found its way into thousands of homes with children. Sadly, because liquid nicotine can be absorbed through the skin, this places children in these homes at increased risk for serious and potentially fatal poisoning.
Certainly, the responsibility to keep dangerous products away from small children falls to parents. However, the warnings on many liquid nicotine bottles is weak at best, and heavily overshadowed by the claims touting the benefits of e-cigarettes.
When a dangerous product is not properly labeled or deceptively marketed, victims of injury may be entitled to seek compensation through legal action. The best way to learn if you have cause to file suit is through a one-on-one consultation with a product liability attorney at The Cochran Firm.
If you are in need of a defective product lawyer, please contact The Cochran Firm today. We have offices in several major U.S. cities, allowing us to serve victims of negligent corporations throughout the country.

posted by Admin at 6:56 AM

Tuesday, October 14, 2014

More Than 220,000 Nissan Altimas Recalled

Nissan has announced a recall for 220,423 model year 2013 Nissan Altimas. According to the manufacturer, a defect with the hood latch can allow the hood to come lose and fly open while the car is moving. This increases the risk of auto accidents and serious injury to occupants of the defective vehicles and everyone with whom they share the road.
The National Highway Traffic Safety Administration has received only one report of this error causing an accident, but strongly encourages owners of 2013 Altimas to visit their dealership for free hood latch repairs.
Defective vehicles injure and kill hundreds of people every year. In many instances, these defects are overlooked or seen as inconsequential before serious injury occurs. When you or a loved one is harmed in an accident involving a defective vehicle, you have every right to hold the auto manufacturer accountable and seek compensation for all of your damages.
The car accident attorneys at The Cochran Firm are here to help your family hold negligent companies accountable and get the full compensation you deserve.
To schedule your free consultation with one of our car accident attorneys, please contact The Cochran Firm today. We maintain offices throughout the United States to better serve people living in all areas of the country.

posted by Admin at 10:28 AM

Monday, October 6, 2014

Eli Lilly Facing Suit Over Misleading Advertising

Eli Lilly is being sued over allegedly misleading advertising regarding Axiron, the company’s testosterone replacement drug. According to the plaintiff in this case, Eli Lilly mounted an aggressive campaign, marketing Axiron as a treatment for “Low-T,” despite the product not being approved by the FDA for such use. Eli Lilly is one of a handful of pharmaceutical companies facing lawsuits over false advertising and personal injury resulting from use of these types of potentially dangerous drugs.
Axiron, like all testosterone replacement therapies, was approved to treat very specific conditions, but heavily marketed as a cure-all for issues as diverse as depression, loss of muscle mass, and sexual dysfunction. Unfortunately, while claims of the amazing benefits of testosterone medications remain unproven, the dangers posed by these drugs are now well known.
Testosterone therapy is linked to an increased risk for heart attack, particularly in men over the age of 65. When prescribed as a lifestyle drug to treat ED and low libido, men are placed at an increased risk for little to no known benefit.
If you or someone you love has suffered a heart attack after taking a testosterone replacement medication, please contact The Cochran Firm to schedule a free consultation. We maintain offices throughout the United States and accept clients from all areas of the country.

posted by Admin at 6:44 AM

Thursday, September 25, 2014

Bean Bag Recall Follows the Death of Two Children

Ace Bayou Corp., of New Orleans, Louisiana has announced the voluntary recall of over 2 million bean bag chairs. This recall follows two separate instances in which children crawled inside of the chairs and suffocated. These chairs do not have the industry-standard permanently disabled zipper, an oversight which allowed for these two tragic deaths.

Chairs impacted by this recall are:
  • Round bean bag chairs in 30”, 32”, and 40” diameters
  • 18”x30”x30” L-shaped bean bag chairs
These chairs were sold in a variety of colors and have “ACE BAYOU CORP” printed on a tag that has been sewn into the cover seam. These chairs may have been purchased at, Bon-Ton, Meijer, Pamida, School Specialty, Wayfair, or Walmart before July of 2013.

Defective Children’s Products
Defective children’s products injure or kill thousands of young people every year. When your child suffers injury due to a corporation’s negligence, you are entitled to hold the irresponsible parties accountable and seek compensation for all of your damage. The experienced product liability attorneys at The Cochran Firm are here to take your case and help you get the justice you are due.

To schedule your free consultation with one of our defective children’s product attorneys, please contact us today. We maintain offices throughout the United States to help families in all areas of the country seek justice following serious injury.

posted by Admin at 11:15 AM

Monday, September 15, 2014

Child Passenger Safety Week

Auto accidents are the leading cause of death for children ages one to 13. While car accidents themselves cannot always be avoided, fatal injury to children often can – if car seats are installed and used properly.
September 14th marks the start of Child Passenger Safety Week, a campaign designed by the National Highway Traffic Safety Administration to bring awareness to the need for proper car seat use. Many fire and police stations will be hosting events this week to help parents properly install seats and better understand how to use them effectively. If you are uncertain about how well your child’s car seat is installed, taking a few moments this week to seek help may very well save his or her life.
It is important to remember that car seats, seatbelts, and airbags are intended to reduce injury in auto accidents, but they cannot always prevent injury from occurring. If you have been injured or a loved one has been killed in an auto accident, the experienced attorneys at The Cochran Firm are here to take your case and fight for your rights, helping you secure the full compensation you are due.
To schedule your free consultation with one of our auto accident attorneys, please contact The Cochran Firm today. We maintain offices throughout the United States to better serve victims of serious injury in all areas of the country.

posted by Admin at 8:53 AM

Tuesday, September 9, 2014

Nicotine Lozenge Recall

Perrigo has issued a recall for 366,936 tubes of 27-count nicotine lozenges. The recall is for ineffective lozenges sold by CVS Pharmacy, Foodhold, Kroger, Rite Aid, Target, TopCare, Wal-Mart, and Walgreens in the states of Arkansas, Illinois, Minnesota, Ohio, Oregon, Pennsylvania, and Rhode Island. While no injuries have been linked to this products, it has shown to be ineffective at its stated purpose due to a failure to dissolve properly.
Defective Products
Defective products injure and kill thousands of people every year. Vehicles, medications, even nicotine replacement therapies can cause serious harm and substantial suffering for those who use them. If you have been the victim of a defective product, you deserve swift and effective legal representation. The product liability attorneys at The Cochran Firm would be honored to meet with you for a one-on-one consultation to discuss your case, inform you of all of your options, and help you choose the most effective way to get the full compensation you deserve.
If you are in need of a product liability attorney, please contact The Cochran Firm online or by calling (800) 834-3476 today. We maintain offices in many U.S. cities to better serve victims of negligent corporations throughout the country.

posted by Admin at 10:23 AM

1.800.THE FIRM | 1.800.843.3476

The Cochran Firm handles Civil Litigation and Criminal Defense claims for clients throughout the United States of America. The information on this website does not constitute legal advice nor form an attorney-client relationship.Please contact The Cochran Firm today to schedule a free consultation.

Site Design, Development and Optimization by Page 1 Solutions | © - | Disclaimer