Articles Posted in Corporate Greed

Corporations Want You to Believe Lawsuits Are Frivolous

Published on: February 17, 2016 | By Clay Hodges

Abraham Lincoln had this to say about frivolous lawsuits: “Never stir up litigation. A worse man can scarcely be found than one who does this.” I agree.

I agree with Lincoln that we should never “stir up” litigation, for many reasons, the main one being that “creating” litigation is simply the wrong thing to do, it is harmful to the client, and it creates ill-will and distrust in the world and within the legal profession. But I also agree with Lincoln for completely selfish reasons: it does not lead to good results and it can easily destroy a person’s law practice. Reports of the filing of frivolous lawsuits are greatly exaggerated.

Risperdal: The Tragic Consequences of Aggressive Drug Marketing

Published on: September 16, 2015 | By Clay Hodges

I need to pause for a moment in discussing artificial hip litigation and draw your attention to a shocking series of articles on the Johnson & Johnson drug, Risperdal. Steven Brill has written a compelling series titled America’s Most Admired Lawbreaker. Brill makes the argument that Johnson & Johnson pushed the prescription drug Risperdal onto the elderly and children, for all manner of unapproved uses, with devastating results. The series began yesterday on Huffington Post and can be found here.

Risperdal is an anti-psychotic drug that was first approved for use in 1993 to manage the symptoms of schizophrenia. In the years that followed, Johnson & Johnson pressed for FDA approval to treat other conditions, such as bipolar disorder and autism, and to permit use in children. More recently, Risperdal has been prescribed for adults and children to treat attention deficit hyperactivity disorder, anxiety and depression. Treating these conditions using Risperdal is considered “off label” use, which is the use of a drug in a manner unapproved by the FDA. Off-label use could be using the drug to treat a condition which is not authorized by the FDA, or prescribing the drug to an unapproved age group.

Tragically, Risperdal has had horrific side effects in some cases, particularly in children. Among other symptoms, Risperdal can cause the growth of breasts in male children, a condition known as gynecomastia.

“Medical Funding” Serious Threat to Your Product Liability Settlement

Published on: September 8, 2015 | By Clay Hodges

I received a court filing from the Depuy ASR multidistrict litigation last week, and it reminded me to caution you about the serious financial threat you can face when dealing with artificial hip failures and hip litigation (and of course, other medical device failures like artificial knees and transvaginal mesh). Sadly, this threat comes from third-party companies that appear legitimate, even helpful, but mainly have a naked profit motive for getting involved in your case. These companies often cash in unfairly from all the suffering you endured from you failed artificial hip or failed medical device.

What is Medical Funding?

Think of it as a lawsuit loan, or a loan against your future settlement recovery. Medical Funding is a medical care financial assistance “service,” and occurs when a third-party company offers to pay the medical bills of a person who is injured by the negligence of others. This could be a car crash case, a failed medical device like a hip, or any other situation where the negligence of someone else caused the injury. If you accept the offer, the company will pay the medical care provider—the surgeon, the hospital, etc.—a percentage of the provider’s billed charges, but usually more than the provider would have been paid by private health insurance, Medicare, or Medicaid. The company then receives an “assignment” from the medical provider that allows the company (potentially) to receive the full amount of the billed charges, which are often much higher than what the company paid for the medical care and higher than what private insurance would have paid. The third-party company will then file a medical expense “lien” on the proceeds of the person’s settlement or jury award.

★★★★★

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.