North Carolina Product Liability Lawyer Blog

Exactech Hip, Knee and Ankle Liners: Studies Behind the Recall

Published on: March 21, 2022 | By Clay Hodges

Earlier I wrote about how Exactech was recalling many of its ankle, hip and knee liner implants. These recalls were based, at least in part, on several studies about how these implants could suffer from premature wear. This could then require patients to need revision surgery (surgery to repair problems from an earlier surgery) to fix the defective artificial joint.

In this blog post, I’ll take a look at some of these studies and try to explain what these studies found, what their findings mean and why they prompted Exactech to initiate these recalls.

The Materials Used in the Hip, Knee and Ankle Inserts or Liners

Recall Alert: Exactech Hip, Knee and Ankle Plastic Liner Implants

Published on: March 4, 2022 | By Clay Hodges

Exactech Inc. (Exactech) began as a company in 1985 and focuses on developing products for joint replacement. Many of Exactech’s products are used for ankle, knee and hip arthroplasty (surgery to repair or replace a joint in the human body).

Many of Exactech’s joint replacement products have performed well and improved the lives of patients. But over the last fear years, Exactech has learned from multiple studies that some of its ankle, knee and hip products can suffer from premature wear or other problems. Many of these issues could result in the need for patients to undergo revision surgery to replace the device and repair any damage it may have caused to the bone and/or soft tissue.

Exactech has initiated various recalls in response to these problems. The purpose of this blog post is to provide a brief overview of which products have been affected, what’s wrong with these products and what you can do if you’ve had one implanted into your body.

Zantac Litigation Focused on Bladder, Liver, Esophageal, Gastric, and Pancreatic Cancers

Published on: February 15, 2022 | By Clay Hodges

In any product liability litigation, the injured person must ultimately prove that the injury was caused by the defective product (legal causation). A relatively easy example is when a lamp explodes and burns an individual, and in the post-explosion investigation the plaintiff discovers the lamp’s wiring was faulty and unreasonably dangerous. In the Zantac (ranitidine) multi-district litigation (MDL), thousands of plaintiffs have come forward alleging that use of the heartburn medication caused their various cancers. I discussed how Zantac is alleged to cause cancer in previous posts. You can start here if interested. In a nutshell, however, studies have shown that Zantac may contain potentially dangerous levels of NDMA (N-Nitrosodimethylamine), which is a likely carcinogen in humans.

There are several ways that NDMA is thought to be present in Zantac medication, which you can read about here. The larger point is simple: you do not want to ingest NDMA, and you certainly do not want to ingest large amounts of NDMA, especially for months or years. Remember, millions of people have taken Zantac or the generic ranitidine, some for many years, so the potential consumer-health risk is widespread. Zantac has been recalled.

Because these studies link Zantac to NDMA, plaintiffs who used Zantac and later developed one of several cancers (reasonably) came forward and filed lawsuits against the manufacturers of Zantac. The original Master Complaint listed at least sixteen different cancers, with indications that the list was not exhaustive.

Johnson & Johnson Uses “Project Plato” to Potentially Avoid Talcum Powder Payouts

Published on: February 9, 2022 | By Clay Hodges

Claims of ovarian and other cancers due to talcum powder or baby powder use have been in the news a lot lately. There has also been plenty of litigation stemming from this possible link.

Although talcum powder studies are ongoing, it has been established that some products that use talcum powder may contain small amounts of asbestos. And there’s a well-known link between asbestos and cancer (especially mesothelioma).

So where does Johnson & Johnson come in? Well, they’ve been one of the more prominent defendants in these talcum powder/asbestos cancer lawsuits. Let’s take a quick look at the baby powder litigation and then examine how Johnson & Johnson is planning to use something called “Project Plato” to deal with their recent legal and financial losses.

Is There a Cancer Risk from Using CPAP Machines with PE-PUR Foam?

Published on: January 18, 2022 | By Clay Hodges

If you’ve used a Philips Respironics (Philips) CPAP or BiPAP machine to help with your sleep apnea, then there’s a good chance you’re aware that your Philips machine could be subject to a recall. I’ve written about this recall, as well as the health risks related to it and potential legal options if you’ve been harmed by your defective CPAP or BiPAP machine. In this blog post, I’ll look at one of the reasons why using one of these defective machines is so dangerous. I’ll focus on some of the studies that support the possibility that using one of these Philips machines could put you at greater risk for developing cancer.

How Do the Philips CPAP and BiPAP Machines Potentially Cause Cancer?

Many Philips CPAP and BiPAP machines (as well as Philips ventilators, but this blog post won’t focus on those) are made with polyester-based polyurethane (PE-PUR) foam. This foam is used to reduce the perceived sound and vibration coming from the CPAP and BiPAP machines. This is because many people who use these machines only use them when trying to sleep. So it’s important to make the machine as quiet as possible.

CPAP Machine Recall, Injuries, Lawsuits

Published on: December 22, 2021 | By Clay Hodges

There are as many as four million machines affected by the CPAP recall. The Philips CEO has stated that it may take a year or longer to fully repair or replace the affected machines. When he says repair he’s talking about replacing that problematic foam or replacing the entire machine for a brand new machine, so it’s going to take a while. And that’s one of the problems that a lot of the people that are calling my office are saying, and that is, that they use this machine to sleep and some of them are worried that they will have to use the recalled machine to sleep. So they’re in a tough position. Again, I’m not a doctor and I don’t give medical advice, but I would say if you can find a replacement machine quickly, set aside your recalled CPAP machine and don’t use it and beyond that, you just have to talk to your doctor about what’s going on and what you should do next.

Potential Injuries from the Recalled CPAP Machines

What are the potential injuries from the recalled CPAP machines? These injuries would include somewhat modest problems like irritation to the eyes or skin, a cough, headache or dizziness. These are not unimportant issues, they can be serious problems, and they run from the gamut from headaches and nausea to sinus infection. More serious injuries include organ damage, asthma and even cancers. The medical community is looking at this aggressively and quickly and trying to figure out all the many problems that can result from inhaling these particulate foam pieces from the CPAP machines or getting exposed to the off-gassing.

CPAP Machine Recall and the Health Threat of PE-PUR Foam

Published on: December 17, 2021 | By Clay Hodges

Millions of people use the CPAP and BiPAP machines to alleviate symptoms of sleep apnea, so there’s a lot of people that should be interested in this topic. I’m going to move pretty quickly through this information, but I do want to start from the very beginning:

What is a CPAP and a BiPAP machine?

CPAP stands for continuous positive airway pressure. This machine is programmed to produce pressurized air at one steady air pressure level. The way this works is if you want to change the air pressure on any CPAP machine, you have to reset the device’s settings. CPAP machines are extremely common. There are millions of CPAP machines in use and they’re used to treat obstructive sleep apnea.

Herbicide Paraquat Linked to Parkinson’s Disease: Studies

Published on: October 27, 2021 | By Clay Hodges

There are many reasons to become educated on the herbicide Paraquat: it’s very dangerous, very toxic, and unfortunately studies are starting to indicate that it can cause serious disease if you’re exposed to it in any length of time.

What is Paraquat? / Why is it used?

Paraquat is a toxic chemical that is widely used in this country, particularly in the eastern half of the United States where there’s a lot of farmland, orchards, agricultural areas. It is used as an herbicide, a plant killer primarily for weed and grass control.

Product Liability Lawyers Discuss Tenofovir Injuries, Lawsuits (Part 2)

Published on: October 11, 2021 | By Clay Hodges

My tenofovir discussion with Attorney Whitney Butcher continues:

Clay: What are some of the brand names for a TAF tenofovir drug?

Whitney: So the first TAF drug that was approved was called Genvoya, and it was approved in late 2015. And then Odefsey is another TAF drug that was approved in 2016. And then one that maybe is the most well-known is called Descovy, and that was also introduced into the market in the US in 2016. Truvada was perhaps one of the most well-known of the TDF drugs. Descovy is exactly the same as Truvada except it has TAF instead of TDF. So then it has also been approved by the FDA for PrEP. So, for prophylactic treatment of patients who are currently HIV-negative and as a preventative measure. So Descovy is one of the biggest TAF drugs on the market right now.

Product Liability Lawyers Discuss Tenofovir, Kidney Damage (Part 1)

Published on: October 7, 2021 | By Clay Hodges

Today, we’re going to talk about the HIV medication, Tenofovir. This was a medication sold for years to delay the progression of HIV. As studies are beginning to show, there were problems with the medication causing toxicity to kidneys, bone loss and bone injury. Whitney Butcher is an attorney with Hilliard Martinez and Gonzales, and today we’re going to talk about Tenofovir, the brand name medications that derive from this compound, the problems that were discovered and the litigation that has inevitably followed all this.

Let’s start at the beginning. Most people know that HIV is the virus that causes AIDS, what is an antiretroviral drug?

Whitney Butcher: So, those were one of the first class of drugs that were basically brought to market to help stop and slow the spread of HIV. Once a person contracts HIV, the goal of these medications is to target the cells and prevent them from replicating so that an HIV diagnosis doesn’t progress into full-blown AIDS which can of course be life-threatening and very dangerous.

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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.