March 2017

Medical Recall News 
 
Shoulder Implant Recall:  The Zimmer Biomet Comprehensive Reverse Shoulder is a shoulder replacement that is surgically implanted to help restore arm movement. The device is beneficial for patients with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy and previously failed shoulder joint replacement. The manufacturer is recalling their shoulder implant because the devices are fracturing at a high rate and causing serious adverse health consequences. Surgeries using this product took place from October 2008 through September 2015, at many hospitals, including St. Joseph Hospital in Towson, Maryland by Dr. Tim Codd. Investigations are proceeding only against Zimmer Biomet at this time, not against any physicians or hospitals.  If you get a letter from Zimmer or your physician or have already had a second revision surgery to fix defective shoulder components, call me to discuss possible legal options against the manufacturer. All consultations are confidential and at no cost.
Metal-on-Metal Hips: Patients nationwide have suffered from the release of tiny metallic particles from all metal hip implants.  Recently, a number of failed Stryker V40 Hip implants have been reported.  Check with me if this issue pertains to your situation.
SURGERY TIP: If you are having any type of Implant surgery, always be certain to ask the following less common questions of your provider:
  • What specific parts will you be implanting and what company makes it?
  • How long has the device been in use?
  • What is the success rate of the surgery and the product?
  • If having a revision or replacement surgery, always have any removed pieces returned to you. By law, if it goes in your body, you own it.

 

Breast Implant Anaplastic Large-Cell Lymphoma: This is a rare cancer that can develop following breast implantation surgery.  About 290,00 women in the U.S. had implants for breast enlargement in 2016; 109,000 were for reconstruction after breast cancer. This lymphoma is related to implantation of breast implants with textured surfaces (used to stick in place and not move) rather than those with smooth surfaces.
Tales in Law: In the blink of an Eye. In May 2014, a Maryland man, shot and paralyzed, lay dying in a hospital bed.  The detective showed him an array of six photographs and told him to blink hard when he saw the person who shot him.  A videotape shows the victim blinking hard at the photo of the shooter.  The victim dies two days later.  At trial, the alleged shooter’s attorney argues that the video and identification is inadmissible because, under the Sixth Amendment, he could not confront and cross-examine the witness. Will this defendant walk? The rule of law is if the victim is in fact is dying, he has no reason to lie; thus, his dying declaration is indeed admissible.  Shooter is serving a life sentence. Justice is served.
Call me for all your legal needs.  John CM

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