Current Mass Torts

In a mass tort, an act or an omission by a company leads to the harm or injury of many people. Often involving multidistrict litigation, mass torts are a legal means of remedying a situation where groupings of lawsuits alleging the same complaint are brought against one individual. The following are four current mass torts the public should be aware of. 

Exactech Knee and Ankle Recall Lawsuit

Exactech recalled thousands of knee and ankle inserts, as well as phased out hip liners. The company claims defective packaging may cause the products to degrade early. To date, surgeons have implanted 142,732 of these potentially defective inserts, affecting thousands of Americans. 

Injured by these defective products, plaintiffs are seeking compensation. Individuals involved in the lawsuits allege that they were implanted with an Exactech knee, ankle, or hip device which caused complications and led to revision surgery.

What Knee, Hip, and Ankle Replacements are Part of the Exactech Recall?

The products below are part of the Exactech recall. For a comprehensive list visit www.exac.com/medical-professionals/recall-information.

• OPTETRAK® All-polyethylene Tibial Components
• OPTETRAK® Tibial Inserts
• OPTETRAK Logic® Tibial Inserts
• TRULIANT® Tibial Inserts
• VANTAGE® Fixed-Bearing Liner Component

Exactech Device Issues for Concern

According to Exactech’s February 2022 recall notice, the company is recalling “all knee and ankle arthroplasty polyethylene inserts packaged in non-conforming bags regardless of label or shelf life”. Defective packaging may cause the devices to degrade early and cause injuries to patients such as accelerated debris, bone loss, cracking, fracture, loosening, pain, and revision surgery.

What is Knee Revision Surgery?

For individuals who have experienced a total knee replacement, a knee revision surgery involves the replacement of prosthetic implants. During surgery, the previous prosthetic is removed and a new prosthetic is implanted. Individuals whose prosthetic knee implant fails due to injury, wear, or infection are often candidates for knee revision surgery. 

What are the Symptoms of an Exactech Knee, Hip, or Ankle Failure?

According to Drug Watch, patients with Exactech knee, hip, or ankle implants who experience the following symptoms may have improperly functioning devices: new or worsening pain while walking, the inability to bear weight, grinding or other sounds emanating from the prosthetic area, or any other previously inexperienced symptoms.

What to Do if You Are Having Problems with Your Knee, Hip, or Ankle Implants

Individuals should immediately contact their health care providers if any of these symptoms are present. Exactech has also set up a recall information page that provides instructions on how to make a claim for reimbursements for any expenses incurred due to the recalled devices. The page may be found at www.exac.com/medical-professionals/recall-information.

What Should Exactech Polyethylene Patients Do?

Exactech Connexion GXL acetabular polyethylene liners have been shown to degrade over time. Patients who have Exactech polyethylene implants should immediately call their health care providers. What is often required in these cases is a knee replacement revision surgery to replace the potentially hazardous Exactech product. 

How Much is an Exactech Knee, Hip, or Replacement Lawsuit Worth?

Current lawsuits brought against Exactech seek different types of compensation which include reimbursement for medical bills, current and future income loss, pain and suffering, and in some cases, spouses may claim loss of companionship. For those cases that go to trial, the court may also award the plaintiffs punitive damages, which exceed simple compensation and are used as a way to deter a defendant from causing further damage in the future. Each Exactech product liability lawsuit is unique and therefore, there is no average amount of compensation a plaintiff may expect. 

Speak to an Experienced Attorney Today About Your Exactech Knee, Hip or Ankle Replacement

Manufacturers and sellers of goods may be held responsible for injuries and wrongful deaths caused by dangerous or defective products, even if there is a product recall or the danger was unknown. If you or a loved one were injured by an Exactech device, our experienced product liability attorneys can help. Speak to an attorney today at (305) 662-6178.

 

Philips CPAP, BiPAP, and Ventilator Recall

Why Is There a Philips CPAP Recall?

In June 2021, a voluntary recall was initiated when Philips discovered a potential health risk associated with the foam in various CPAP, BiPAP, and Mechanical Ventilator devices. The sound abatement foam is used to keep the product quiet and reduce vibration while in use. In the United States, Philips Respironics issued a voluntary recall notification to alert consumers to the possibility of the adverse health effects associated with using their products. The United States Food and Drug Administration (FDA) has listed the Philips CPAP recall as a “Class 1”, which means that the product is associated with a risk of serious injury or death. 

Which CPAP Machines Were Recalled?

Eighty percent of the devices involved in the recall are Continuous Positive Airway Pressure (CPAP) machines used by individuals to help with sleep apnea, as reported to Reuters by company spokesman Steve Klink. Approximately seventy-five percent of Philips CPAP devices were sold to U.S. consumers. The additional twenty percent of affected products are ventilators. 

The following Philips devices are included in the recall: 

• E30
• DreamStation ASV (Also known as ​DreamStation BiPAP autoSV​)
• DreamStation ST, AVAPS (Also known as​ DreamStation BiPAP AVAPS, ​DreamStation BiPAP S/T)
• SystemOne ASV4 (Also known as​ System One BiPAP autoSV, ​System One BiPAP autoSV Advanced​)
• C Series S/T, AVAPS (Also known as​ System One BiPAP AVAPS (C-Series), ​System One BiPAP S/T (C-Series)​​​
• OmniLab Advanced Plus (In-Lab Titration Device)
• System One 50 series (CPAPs, Auto CPAP, BiPAPs​)
•  System One 60 series (CPAPs, Auto CPAP, BiPAPs​)
• DreamStation CPAP, Auto CPAP, BiPAP
• DreamStation GO CPAP, APAP, Auto CPAP
• Dorma 400, 500 ​CPAP, Auto CPAP (not marketed in the US)​
• Trilogy 100 Ventilator
• Trilogy 200 Ventilator
• Garbin Plus, Aeris, LifeVent Ventilator (not marketed in the US)
• A-Series BiPAP Hybrid A30 (Also known as ​BiPAP Hybrid A30​Ventilator​ A-Series – not marketed in the US)
• A-Series BiPAP V30 Auto Ventilator (Also known as​ BiPAP V30 Auto​ Ventilator – A-Series)
• A-Series BiPAP A40 (Also known as ​BiPAP A40​ Ventilator ​A-Series – not marketed in the US)​​
• A-Series BiPAP A30 (Also known as ​BiPAP A30​ Ventilator​ A-Series – not marketed in the US)​​

 

Health Effects Associated with Recalled CPAP Machine

According to DrugWatch, the foam in CPAP machines may degrade causing users to inhale toxic particles and gasses. Cancer-causing chemicals may make their way into consumers’ airways, as reported in lab tests. The foam is also more likely to degrade when the machine is placed in areas of high heat or humidity or if the device is older than three years. 

The following injuries have been reported by CPAP machine users: 

• Acute Respiratory Distress System (ARDS)
• Bladder Cancer
• Brain Cancer
• Breast Cancer
• Chemical Poisoning
• Heart Attack
• Heart Failure
• Hematopoietic Cancer
• Kidney Cancer
• Kidney/Renal Damage
• Kidney/Renal Disease
• Leukemia
• Liver Cancer
• Liver Damage
• Liver Disease
• Lung Cancer
• Lung Damage
• Lung Disease
• Lymphatic Cancer
• Multiple Myeloma
• Nasal Cancer
• Non-Hodgkin Lymphoma
• Papillary Carcinoma
• Pleural Effusion
• Prostate Cancer
• Reactive Airway Disease (RAD)
• Rectal Cancer
• Respiratory Failure
• Severe Ear Inflammation
• Severe Nose Inflammation
• Severe Throat Inflammation
• Stomach Cancer
• Testicular Cancer
• Thyroid Cancer

 

Am I eligible for the Philips CPAP, BiPAP, and Ventilator Recall Lawsuit?

An individual qualifies to file a CPAP lawsuit against Philips if they can prove the following: 

• The individual used the product for a sustained period of time (Generally, six months or more)
• The individual sustained harm, injury, or illness related to the use of the device
• The individual is within the time limit to file a lawsuit against the manufacturer (the statute of limitations for filing a lawsuit against the manufacturer is between one to six years, depending on the state. In Florida, the time limit is four years)

Philips CPAP, BiPAP, and Ventilator Recall: How to Get Compensated

Individuals injured by Philips CPAP, BiPAP, and ventilator devices may file a lawsuit to seek compensation. Successful lawsuits may result in compensation for economic and non-economic damages. Economic damages include medical care and treatment, lost wages, future financial losses, out-of-pocket expenses, and other financial losses. Non-economic damages include mental and emotional pain and suffering, discomfort resulting from medical treatment, the impact of chronic health issues or disability, loss of enjoyment or inability to fully participate in life, and other non-financial effects associated with the damage caused by the use of the device. 

 

Elmiron Lawsuit

Why Are Elmiron Lawsuits Being Filed?

Elmiron, a medication used to treat interstitial cystitis, is at the heart of lawsuits filed against Janssen Pharmaceuticals. Plaintiffs claim to have suffered vision damage, including maculopathy, because of the drug. In lawsuits, individuals are demanding the manufacturer pay compensation for permanent injuries to their vision.  

Am I Eligible to File an Elmiron Lawsuit?

Individuals who have been treated with Elmiron for at least two years and have developed vision problems may be eligible to bring a case against Janssen Pharmaceuticals. Additional criteria may include: 

• Seeking medical attention for vision troubles
• A diagnosis of vision damage, such as pigmentary maculopathy, retinal maculopathy, or macular degeneration, following the use of Elmiron
• Deterioration of vision such as distorted vision or difficulty adjusting to changes in light after using Elmiron
• A diagnosis of vision problems while using Elmiron or one year after using the medication
• Vision troubles because of Elmiron that began on or after January 1st, 2010

Elmiron Linked to Maculopathy

Maculopathy or muscular degeneration is a disease that affects the back of the retina, which is also known as the macula. Studies have linked Elmiron to a specific form of maculopathy known as pigmentary maculopathy.  Researchers involved in this study note that this type of maculopathy only occurs in patients who were treated by Elmiron. Maculopathy cannot be reversed and may lead to blindness. 

How Do You Know if Elmiron Damaged Your Vision?

In studies published by Drs. Adam M. Hanif and Nieraj Jain, common symptoms of vision damage caused by Elmiron include experiencing blurred vision while reading, difficulty in adjusting to changes in light, and metamorphopsia, a visual challenge that causes straight lines to appear curved. 

Elmiron Lawsuit Settlement Amounts

To date, there have been no trials, jury verdicts, or settlement offers. Therefore, it is difficult to determine what the average settlement amount could be. Plaintiffs may request compensation for both economic and non-economic damages. Further, if a case goes to trial the court may award punitive damages to plaintiffs to discourage the company from future wrongdoing. 

Will There Be an Elmiron Recall?

Although several studies have linked the long-term use of Elmiron to vision damage, Janssen Pharmaceuticals has not recalled the product. Currently, Elmiron is the only oral treatment for interstitial cystitis available.

 

Camp Lejeune Water Contamination Lawsuit

What Caused Camp Lejeune Water Contamination?

According to the Agency for Toxic Substances and Disease Registry, the Tarawa Terrace water treatment plant’s water was contaminated by PCE (perchloroethylene or tetrachloroethylene). The Agency blames neighboring ABC One-Hour Cleaners’ waste disposal practices. 

Health Effects Of Contaminated Drinking Water At Camp Lejeune

In addition to various forms of cancer, the contaminated drinking water has also been linked to birth defects, fatty liver disease, infertility, miscarriages, scleroderma, and renal toxicity. The United States Department of Veteran Affairs names the following conditions associated with the contaminated drinking water: 

• Adult Leukemia
• Aplastic anemia and other myelodysplastic syndromes
• Bladder cancer
• Kidney cancer
• Liver cancer
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Parkinson’s Disease

What Toxic Substances Were In The Water At Camp Lejeune?

Tests initiated by the ATSDR found trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride (VC), and benzene in the contaminated drinking water. 

How Do I File A Claim For The Camp Lejeune Water Contamination Lawsuit?

With the help of an attorney, eligible individuals must file a complaint with the U.S. Department of Veterans Affairs. Filing a complaint is different from filing a lawsuit. An attorney may help an individual determine which is the best route to take. 

Is There A Camp Lejeune Class Action Lawsuit?

To date, there is no Camp Lejeune class action lawsuit or multidistrict litigation. 

What Are The Expected Camp Lejeune Lawsuit Settlement Amounts?

Settlements will be unique to each plaintiff’s case. An individual’s illness or condition, as well as the impact it’s had on their life, will help to determine the settlement amount. Compensation for economic and non-economic damages may be awarded, although past benefits and awards from the V.A. will be deducted from the overall settlement amount. 

Who Can File A Claim In The Camp Lejeune Water Contamination Lawsuit?

The newly enacted legislation The Camp Lejeune Justice Act provides Camp Lejeune residents that have suffered due to water contamination legal standing. The act strips the government of legal immunity and allows military members to pursue lawsuits. To be eligible to file a water contamination claim, an individual must have lived, worked, or visited Camp Lejeune between August 1, 1953, and December 31, 1987. Further, an individual must have suffered physical damage due to the contaminated water. Individuals who were in utero are also eligible to present their claims. 

Speak to an Experienced Personal Injury Attorney Today

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve. Speak to a dedicated attorney today by calling (305) 662-6178.

*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.

Sources: 

https://www.law.cornell.edu/wex/mass_tort

https://www.drugwatch.com/exactech-replacement/lawsuits/

https://www.exac.com/medical-professionals/recall-information/

https://www.drugwatch.com/exactech-replacement/recalls/

https://www.hss.edu/condition-list_knee-revision.asp

https://www.drugwatch.com/news/2022/02/23/exactech-recalls-knee-ankle-replacement-parts-may-fail-early/

https://www.exac.com/medical-professionals/recall-information/

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=188101

https://www.drugwatch.com/exactech-replacement/lawsuits/

https://www.drugwatch.com/philips-cpap/lawsuits/

https://www.drugwatch.com/elmiron/lawsuits/#

https://www.drugwatch.com/health/maculopathy/

https://www.drugwatch.com/elmiron/macular-degeneration/

https://www.atsdr.cdc.gov/sites/lejeune/background.html#

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/

https://www.atsdr.cdc.gov/sites/lejeune/chem_descriptions.html#

https://www.classaction.org/camp-lejeune-water-contamination#how-do-i-file-a-claim