The Meyerson Law Firm has filed suit against St. Jude Medical in regards to claims of manufacturing and warranty defects with its Eon Mini stimulator. Not to be confused with St. Jude Children’s Hospital, St. Jude Medical is a for profit company that sells various medical devices throughout the world. There have been recalls and numerous complaints regarding its Eon Mini stimulator, including that it causes burning sensations while charging, it delivers painful jolts, and its battery depletes too quickly. Removing the devices can be medically risky and permanent scar tissue can build up near the spine where the leads were implanted.
Last year a one year old in Austin, Texas accessed a coin shaped “button” battery from a Vizio stereo bar remote control and ingested it. The battery lodged in his esophagus and the electric current created a caustic agent that burned his throat tissue. This serious condition put him in the hospital for what is now months of operations, treatment and observation. The Meyerson Law Firm has filed suit in San Diego Federal Court alleging a dangerous design defect in the remote.
The Meyerson Law Firm urges everyone to look through their remotes and ensure that any which use button or coin shaped batteries are secured with child safe mechanisms. If you know of anyone whose child has been injured by a similar occurrence, please have them call The Meyerson Law Firm for a free consultation.
On February 28, 2012, our client Edith went in for surgery where the doctor used the NVM5 neuromonitor manufactured by Nuvasive, Inc. In the middle of the surgery, the orthopedic doctor aborted the procedure. Nuvasive admitted in emails to the doctor that their product did not work properly during the procedure and explained what they would do to prevent problems in the future. The patient incurred damage to her lumbar plexus which affected her ability to walk. Nuvasive now blames the doctor for the injury to the patient. The case is set for trial in the U.S. District Court, Western District of Texas in October of 2014.
FDA Alert – Specialty Compounding Products
Friday, August 9th the US Food and Drug Administration (FDA) sent out an alert informing health care professionals not to use any sterile products supplied by Specialty Compounding, Cedar Park, TX. Bacterial infections had been potentially associated with contaminated calcium gluconate infusions produced by the company. FDA had received reports of 15 adverse events experienced by patients in two hospitals; the patients had developed bacterial bloodstream infections caused by Rhodococcus equi, an organism commonly found in dry soil. Cultures from an intact sample of calcium gluconate compounded by Specialty Compounding show growth of bacteria that are consistent withRhodococcus species.
As of Monday, August 11th the FDA announced nationwide voluntary recall of all products for sterile use from Specialty Compounding. The recall applies to all unexpired sterile compounded products dispensed since May 9, 2013, including all strengths and dosage forms.
According to information provided by the firm, the recalled products were distributed directly to patients nationwide, with the exception of North Carolina. Recalled products were also distributed directly to hospitals and physicians’ offices in Texas.
Please call The Meyerson Law Firm today to discuss any case. 512-330-9001
Attorney: Two injured in crash with Travis Co. prosecutor
Attorneys representing two women who were in the car that police say was rear-ended Sunday by an intoxicated Travis County prosecutor said Thursday that they were injured in the crash.
The driver suffered a concussion and one of two passengers the Meyerson Law Firm is representing has complained of pain, the attorneys said.
The women, the attorneys said, also say that Travis County Assistant District Attorney Brandon Grunewald accused them of causing the collision and tried to convince them not to call police.
The claim comes after Travis County District Attorney Rosemary Lehmberg issued a statement about the crash Tuesday, saying that “currently there are no injuries reported from the collision.”
“They were injured,” attorney Jeff Meyerson said. “It wasn’t a love tap.”
Authorities say Grunewald, 33, rear-ended his Land Rover into a Mini Cooper that was stopped along the southbound service road of MoPac Boulevard (Loop 1) near Barton Skyway in Southwest Austin. He was booked into the Travis County Jail shortly after the wreck, which occurred around 3:30 p.m., and was released several hours later, jail records show.
Grunewald was charged with driving while intoxicated, nearly four months to the day after Lehmberg was arrested for the same offense.
She pleaded guilty and was sentenced to 45 days in jail, though she was released in about half that time for good behavior.
She said Tuesday that her office does not typically fire employees for a first-time DWI offense and that she was going to wait until all the facts were known before making any decisions about Grunewald’s employment.
“We have to look closely at each case separately because each case is different,” she said in a phone interview. “We look at the offense, criminal history, performance issues.”
Meyerson said his firm hasn’t filed a lawsuit on the women’s behalf and that there’s no need to file a suit at this time because there doesn’t appear to be a liability dispute.
Travis County prosecutor charged with DWI
Involved in wreck, refused breath test, police say
AUSTIN (KXAN) – A prosecutor with the Travis County District Attorney’s Office was charged with driving while intoxicated after being involved in a traffic wreck over the weekend.
According to an arrest warrant affidavit released Monday, Brandon Grunewald, 33, was in a collision Sunday afternoon on the southbound MoPac Boulevard service road near Barton Skyway, Grunewald was driving a 2008 Land Rover. The other driver was in a Mini Cooper.
Grunewald ran into the back of the Mini Cooper when it came to a stop, the affidavit said.
The officer who responded reported that Grunewald appeared to have bloodshot, watery eyes and smelled of alcohol, the affidavit said. He also had difficulty with his balance and appeared confused, the document said.
Grunewald refused to take a breath test or to perform field-sobriety exercises, the document said.
Grunewald was booked into jail and posted bail, which was set at $3,500. He was ordered to install an ignition lock on his vehicle that detects alcohol on the breath.
Grunewald’s attorney, Brian Roark told KXAN News that his client made a mistake that he’s sorry about.
I would like to express my sincere gratitude and thanks for everything your firm and especially Mr. Daniel Orocu have done in assisting with my case. Let it be known that Daniel has gone above and beyond to resolve an issue I thought would never end and exceeded my expectations with respect to the settlement received. These efforts are recognized and greatly appreciated and I felt the need to express that I have been totally impressed by the level of dedication, commitment and professionalism in dealing with Daniel and your staff.
Again, thank you for your time and assistance in this matter. I will highly recommend your firm and seek your assistance in any future legal matters.
Blas A. de la Garza
CEO, Southwestern Logistics Services LLC
St. Jude Medical has recalled certain models of Eon and Eon Mini implantable pulse generators (IPGs). IPGs are battery powered devices that are implanted into a patient’s spinal area and provide stimulation in order to reduce chronic pain.
IPGs require the implanted internal battery to be recharged. However, these devices suffer from significant problems. In certain models, the battery fails which then prevents the device from providing pain relief. In other cases, IPGs have severely burned patients while recharging the battery. Once a problem is detected, the devices must be surgically removed from the spinal area, subjecting the patient to a host of other risks and problems such as infection, pain and scarring.
St. Jude Medical (which is sometimes confused with St. Jude’s Children’s Hospital) has announced that the battery failure problems stem from weld failures within the internal batteries of the units, sometimes allowing fluid to spill out. The battery is fully contained in the titanium shell of the unit, however, and is not at risk of leaking into the body.
If you are having problems with your St. Jude Stimulator, please contact us to discuss how our firm can help you.
Recent case law has expanded the definition of what would be considered medical malpractice. In addition to traditional malpractice by doctors or nurses, any injury at a medical facility may fall under the requirements of the Civil Practice and Remedies Code Ch. 74. This chapter, that was created under tort reform, requires that a special report be provided by the Plaintiff within 120 days of filing suit. It also provides for the possibility of an interlocutory appeal by the doctor or facility. The end result can be delays in reaching any resolution or trial of any malpractice case. The Meyerson Law Firm has tactics to reduce some of the risks and delays associated with malpractice claims.