Tag Archives: Lawsuit

Da Vinci Surgery Robot Lawsuit News: Bernstein Liebhard LLP Comments on Study Investigating Robot-Assisted Kidney Removal

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New York, NY (PRWEB) June 06, 2013

As da Vinci robotic surgery lawsuit claims mount in courts around the nation, Bernstein Liebhard LLP notes that a new study has reported that the price of robot-assisted partial nephrectomy (kidney removal) procedures has enhanced far more than 45 percent because 2010. Even though the research, which was presented on Could 7th at the annual meeting of the American Urological Association, discovered that individuals undergoing robot-assisted surgery typically did well, the study also reported much more “excessive” hospital charges related with the robotic process.*

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We continue to hear from da Vinci surgery patients who have allegedly suffered serious complications due to bad robotic surgery. While the study noted that sufferers undergoing robotic partial nephrectomies typically did effectively, its findings with regards to excessive hospital charges are a reminder that the risks, benefits and charges linked with robot surgery need further evaluation, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and healthcare devices. The Firm is currently evaluating da Vinci surgery robot lawsuits on behalf of alleged victims of negative robotic surgery.

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Da Vinci Surgery Robot Lawsuits&#13

According to court documents, the da Vinci Surgical Technique has been named in a increasing number of bad robotic surgery lawsuits. In an Apri 19th regulatory filing, Intuitive Surgical Inc., the manufacture of the robot, disclosed it had been served with at least 26 such claims, all of which allege injuries due to defects in the da Vinci robot, and/or inadequate coaching of surgeons. The nations very first trial of a Vinci surgery robot lawsuit concluded final month in Washington State Court, with a victory for Intuitive Surgical. Nevertheless, Bloomberg.com reported on May possibly 23rd that an lawyer representing the plaintiffs predicted numerous much more filings, and maintained that that several of these claims would have more favorable outcomes for alleged victims of undesirable robotic surgery.** (Estate of Fred E. Taylor v. Intuitive Surgical, 09-two-03136-5, Superior Court, State of Washington, Kitsap County)

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Whilst the study presented last month at the American Association of Urology meeting reported good outcomes in robotic surgery individuals, an boost in adverse event reports connected to the da Vinci robot has caught the consideration of federal overall health regulators. According to a Bloomberg.com report published on February 28th, the da Vinci robot has been connected with 70 deaths in adverse occasion reports made to the U.S. Food &amp Drug Administration (FDA) given that 2009. Reports of poor robotic surgery complications have also improved, jumping to at least 115 in 2012 from 24 in 2009. In January the agency started to survey doctors who use the machine in order to aid it figure out if the increase is due to a difficulty with the da Vinci technology.***

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In the previous, other research have raised queries about the fees and advantages of robotic surgery. For example, a study published in the Journal of the American Medical Association in February reported that the fees for a da Vinci hysterectomy was far more costly compared to other methods, with tiny difference in complication rates.*****

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Alleged victims of negative robotic surgery related with the da Vinci robot might be eligible to file a individual injury lawsuit to receive compensation for medical expenditures, lost wages, discomfort and suffering, and far more. A wealth of data with regards to da Vinci surgery robot lawsuits is offered at Bernstein Liebhard LLPs website. For additional details, please call 800-511-5092.

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*http://www.news-medical.net/news/20130508/Robotic-partial-nephrectomy-entails-excessive-hospital-charges.aspx news-medical.net, May possibly 8, 2013&#13

**sec.gov/Archives/edgar/data/1035267/000119312513162385/d508282d10q.htm Intuitive Surgical SEC Filing, April 19, 2013&#13

***bloomberg.com/news/2013-05-23/intuitive-wins-trial-defeats-negligent-education-claims.html Bloomberg.com, May possibly 23, 2013&#13

****bloomberg.com/news/2013-02-28/intuitive-surgical-robots-probed-by-u-s-in-survey-of-surgeons.html Bloomberg.co, February 28, 2013&#13

*****jama.jamanetwork.com/post.aspx?articleid=1653522 JAMA, February 20, 2013

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About Bernstein Liebhard LLP &#13

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide given that 1993, including these who have been harmed by unsafe drugs, defective healthcare devices and consumer merchandise. The firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the leading plaintiffs firms in the country, for the past 10 consecutive years.

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Bernstein Liebhard LLP &#13

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Myron M. Cherry & Associates, LLC Brings Lawsuit Against Wells Fargo for Alleged Misrepresentations In Connection With Federal Loan Modification Programs

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Chicago, Illinois (PRWEB) October 26, 2012

Regardless of receiving billions of dollars in taxpayer bailout cash, Wells Fargo fraudulently misled and penalized buyers in search of to modify their loans, according to a federal lawsuit. The lawsuit was filed on behalf of Stephanie Watson and potentially, thousands of similarly situated homeowners across the nation. The law firm of Myron M. Cherry &amp Associates, LLC represents Ms. Watson.

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Wells Fargo, according to the complaint filed these days, misled accountable home owners in want of support, telling them to miss mortgage payments and then assessing outrageous fees, mentioned Mr. Cherry. This practice has left property owners in need of help in a worse position than they have been prior to looking for support by way of these applications.

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According to the lawsuit, homeowners searching for to modify their mortgages below the federal governments Residence Inexpensive Modification Plan (HAMP) were intentionally misled by Wells Fargo. The lawsuit alleges that the organization routinely advised buyers that they should miss mortgage payments or otherwise be in default on their loan, in order to qualify for a loan modification. When consumers followed this advice, Wells Fargo charged buyers substantial fees and penalties, reported delinquent payments to the credit reporting agencies and, in the end, failed to in fact modify the mortgage the lawsuit charges. As a outcome of this alleged practice, Wells Fargo avoided modifying mortgages whilst at the identical time collecting huge fees and penalties leaving clients in need of help in an even worse position.

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The lawsuit seeks nationwide class action status and was filed in the United States District Court for the Northern District of Illinois (Case No. 12-cv-8578)

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Woman with Bilateral DePuy Pinnacle Hip Implant Alleges Metal Hips are Flawed in Lawsuit Filed by Parker Waichman LLP

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New York, New York (PRWEB) June 05, 2013

Parker Waichman LLP, a national law firm dedicated to guarding the rights of victims injured by defective medical devices, has filed a lawsuit on behalf of a lady implanted with two DePuy Pinnacle hips. The lawsuit was filed on March 25th in the U.S. District Court for the Northern District of Texas (Case No. 3:13-cv-01247-K) as portion of the DePuy Pinnacle multidistrict litigation (MDL No. three:11-md-02244). DePuy Orthopaedics, Inc. and Johnson &amp Johnson are the Defendants.

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According to the Complaint, the Plaintiff was implanted with a Pinnacle hip on her left side in January 2007, and then had another Pinnacle hip implanted on her correct side in December 2008. The lawsuit alleges that the implants caused complications, which includes extreme pain, weakness and elevated chromium and cobalt levels in the womans bloodstream. The symptoms have been stated to have grown so severe that she needed to undergo a revision surgery to correct the troubles. Allegedly, the Defendants had been conscious of the potential for these dangers but failed to disclose them to the Plaintiff, her doctor or the public. The Plaintiff is suing for, amongst other factors, pain and suffering, emotional distress and financial loss due to lost wages and healthcare costs.

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The lawsuit alleges that the Pinnacle is flawed simply because the metal-on-metal design causes the shedding of chromium and cobalt particles, which are then released into the physique. On January 17 of this year, the U.S. Meals and Drug Administration (FDA) issued a Security Alert that acknowledged these dangers, issuing new suggestions for all-metal hip individuals. The agency advised that those with implants undergo physical exams, diagnostics imaging and metal-ion testing when necessary. In that very same alert, the FDA also proposed new, stricter suggestions that would call for makers to prove that their devices are safe and successful by means of clinical testing this strategy is referred to as premarket approval. The existing approval route, recognized as the 510(k), only calls for device makers to show that their product is comparable to a previously approved device already on the marketplace.

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Parker Waichman LLP continues to offer you totally free legal consultations to victims of DePuy Pinnacle and other metal-on-metal hip implant injuries. If you or a loved a single have seasoned premature failure of your implant, or other overall health troubles related with the Pinnacle or other metal-on-metal hip replacement device, please get in touch with their office by visiting the firm’s DePuy Pinnacle hip implant lawsuits web page at yourlawyer.com. Cost-free case evaluations are also available by calling 1 800 LAW Information (1-800-529-4636).

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Get in touch with: &#13

Parker Waichman LLP &#13

Gary Falkowitz, Managing Lawyer &#13

(800) LAW-Information &#13

(800) 529-4636 &#13

http://www.yourlawyer.com

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Irvine Law Group, LLP has filed a Multi-Million Dollar Lawsuit Against a Loan Modification Firm and the Company’s Lawyers for Alleged Loan Modification Fraud

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Irvine, CA (PRWEB) September 19, 2012

Southern California law firm of Irvine Law Group, LLP has filed a 150-page civil lawsuit in Superior Court of California, County of Orange (Case No.: 30-2012-00578562) against defendants: Consumer Protection Help Coalition, Inc., (DE) Gary Lane, a California lawyer Jose Arturo Abad Vega (also recognized as Pepe Abad, and Pepi Abad) and other named people, alleging that defendants operate “an illegal mortgage modification scheme”. Plaintiff’s lawyer, Rod Bidgoli, a senior partner at the firm stated that the multi-million dollar lawsuit alleges 17 diverse causes of action against the various defendants, like: Fraud, Conspiracy to Commit Fraud Charging Illegal Advance Costs for Loan Modification Intentional Misrepresentation Unfair, Deceptive and Fraudulent Enterprise Practices Violation of the Shoppers Legal Treatments Act Illegal Use of Runners and Cappers and 12 other causes of action.

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The lawsuit alleges that defendants created misrepresentations and assurances to Plaintiff that they would modify her mortgage and acquire a reduction of her loan principal, and cease the foreclosure of her property. Plaintiff claims that she paid the defendants thousands of dollars in advance charges, but no loan modification was performed for her, and as a result she lost her house in foreclosure.

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The lawsuit additional alleges that defendants misrepresented CPAC as a “Federally Registered Non Profit Law Clinic, even though CPAC has no federal registration,” and that CPAC is not registered either as a law corporation or a “Non-Profit Legal Clinic” with California Attorney General’s office, the State Bar of California, or any other governmental or regulatory agency.

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When asked about the case, Mr. Bidgoli declined to comment on the specifics of the case other than what is contained in the legal complaint, due to the fact of pending litigation. The civil complaint nonetheless alleges that there had been felony criminal charges filed against defendant Pepi Abad in Orange County Superior Court (Case No.: 11CF1447) stemming from an illegal mortgage modification scam involving Mr. Abad, and that Mr. Abad has pled Nolo Contendere (no contest) to violation of California Civ. Code Sec. 2945.four(a) which tends to make it illegal and unlawful for a foreclosure consultant to collect advance costs.

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A declaration attached to the civil complaint which was originally filed with the Court in the criminal case by the office of California Lawyer General, Kamala Harris, in help of the arrest warrant for Abad, it was stated that: “The total quantity of upfront charges for loan modification services paid to HOA for the period November 2007 to November 2008 exceeded $ three,600,000”. (In the declaration HOA is identified as the d.b.a. for defendant Abad and his former partner, Dean E. Toro).

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Mr. Bidgoli stated that they have a extremely sturdy case against the defendants and he looks forward to taking this case to trial. He also warned the public that they must conduct a thorough investigation of anybody that claims they can do loan modifications for a fee, even attorneys, law firms and non-earnings.

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Beware of Foreclosure Rescue Scams – Assist Is Free of charge. If you require assistance with a loan modification, pay a visit to http://www.makinghomeaffordable.gov which is a site set up by the government to aid residence owners. Also if you are going to pay an lawyer, or a business for loan modification, verify them out initial by contacting the Federal Trade Commission, State Bar, or the Department of Customer Affairs.

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Defective Item Liability Lawsuit Filed Against the Mortgage Sector as a Group. Mortgage Item Recall?

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Santa Ana, CA (PRWEB) March 14, 2011

According to the just filed California Superior Court Case # 30-2011-00455676-CU-OR-CJC, titled LOUIS FRANCISCO, et al. v. CITIGROUP, INC., et al, CPAC, Non Profit Law Clinic focused on helping struggling households with tiny youngsters and the elderly facing Homelessness due to bank fraud and lender abuse, is charging the mortgage market has been operating in a manner designed to defraud home owners.

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According to CPAC Non Profit Law Clinic’s President, G. Lee. Lane who is a 39-year multi-state licensed lawyer who served as dean and professor of many law universities for 18 years and has authored many books, some of which have been cited by U.S Congress, “CPAC is doing what our government has not. CPAC Non Profit Law Clinic is fighting against a show of alleged bank fraud and lender abuse that is detailed in our California Superior Court documents just filed.”

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Details on related violations, misrepresentations, errors, blunders or fraud that may exist in your home loan can also be effortlessly identified and documented for you by accessing their customer friendly web site http://www.CPACnonprofit.org

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Even Hollywood’s recent Academy Awards recognized the difficulty in the recently acclaimed film “Inside Job”. In his Academy Award speech Charles Ferguson’s comment, when he accepted the award, “Forgive me, I must start by pointing out that three years right after our horrific monetary crisis caused by huge fraud, not a single financial executive has gone to jail, and that is incorrect.” Possibly you must ask yourself if it were the average Joe, John Q Public, you or I , would we NOT be behind bars?

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Beneath California’s recent law SB 94, attorney and dean G. Lee Lane opinions that the government prohibits private sector specialists, which includes the honest and successful ones from attempting to aid the American customer. “SB 94 is an absolute prohibition of such prepaid function,” stated Dean Lane.

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CPAC Non Profit Law Clinic presently represents over 240 individual civil lawsuits against banks. CPAC Non Profit Law Clinic fights mortgage bankers who can afford to employ the most expensive attorneys.

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According to attorney Lane CPAC’s position is that this new California Superior Court lawsuit, Francisco, et al, v. Citigroup, et al, is a specific type of lawsuit. This sort of lawsuit has not happened against the banking industry prior to, since it enables these who till now could not afford to use the American court system, to file a lawsuit against their lender to put an finish to the banking difficulties in the mortgage spiral.

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Lane continues “What CPAC Non Profit Law Clinic has done is what we would expect our government to have already carried out file a ‘Defective Item Liability Lawsuit’ against the mortgage business on behalf of the American individuals”. He went on to state that not since operating 30 years ago on the asbestos and lung illness epidemic, has the approach dean Lane crafted been utilized in America.

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Author and dean Lane states, “Lastly, somebody has put a neon yellow florescent sign on the 1000 lb gorilla in the room. Lastly there is an chance for the average American to stand up against the JP Morgan Chases, GMAC’s and all the other individuals.”

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CPAC’s president and staff attorneys crafted this suit so that it allows further homeowners to be joined with earlier plaintiffs to enter into this lawsuit economically. The suit tends to make it clear that banks are foreclosing on American families with small youngsters although allegedly falsely misleading them into believing they were on track to get a easy loan modification. Rather, soon after numerous thousands of dollars being paid to the lenders, rather than a loan modification agreement they get a notice of sale on their houses forcing households, even mothers with modest young children to be evicted from their home, facing homelessness, states the just filed lawsuit.

DePuy ASR Hip Lawsuit News: Bernstein Liebhard LLP Notes Request for Voluntary Dismissal in California DePuy Hip Recall Case

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New York, New York (PRWEB) May 24, 2013

DePuy ASR lawsuit claims stemming from the 2010 DePuy hip recall continue to move forward in courts throughout the country, Bernstein Liebhard LLP reports. According to documents filed in Californias San Francisco Superior Court on April 25th, a Plaintiff who had been seeking an expedited trial of her DePuy hip lawsuit is voluntarily seeking dismissal of the case. (Tilman v. DePuy Orthopaedics, Inc., et al., No. CGC11508806; Calif. Super. Ct., San Francisco).

This news is particularly interesting as when a case is voluntarily dismissed it is often an indication that the parties have come to an agreement, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who suffered metallosis, premature device failure, and other serious complications allegedly related to the 2010 DePuy hip recall.

DePuy ASR Hip Lawsuits

Court records indicate that there are more than 10,000 DePuy ASR hip lawsuits currently pending in courts throughout the U.S. The DePuy hip recall was announced after the metal-on-metal hip implants were found to be failing in an unacceptably high number of patients. The U.S. Food & Drug Administration (FDA) is now reviewing the safety of all metal hip implants, over fears that the devices can shed dangerous amounts of metal debris into patients bodies, leading to premature failure of the hips and other serious complications. In January, the agency proposed a new regulation that would make such devices ineligible for the agencys 510(k) clearance process, which allowed all-metal hips like the ASR hip to gain FDA approval without first undergoing human clinical trials. The FDA also advised doctors to test metal hip implant patients for elevated metal ion levels if they present with symptoms of a failing hip implant.*

The majority of DePuy hip lawsuits have been filed in a multidistrict litigation now underway in U.S. District Court, Northern District of Ohio. Court records indicate that the first trials in that litigation will begin this September. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation MDL 2197) Two lawsuits have already gone to trial at the state level, one of which ended with a California Superior Court jury awarding the Plaintiff more than $ 8 million in damages. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, the jury hearing a second trial in Illinois state court found for DePuy. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County) According to an April 16th report from The New York Times, documents submitted as evidence in both of those trials indicated that Johnson & Johnson and its DePuy Orthopaedics unit knew that the ASR was flawed years before the recall was announced, but did not disclose this information to the public or the medical community.**

Earlier this month, DePuy Orthopaedics announced it would end sales of metal-on-metal hip implants, citing recent FDA actions and decreased demand for the products, according to the New York Times. The sales suspension includes a metal-on-metal version of the companys DePuy Pinnacle hip replacement system, which is also the subject of lawsuits.*** Bernstein Liebhard partner, Jeffrey S. Grand, is serving on the Plaintiffs Steering Committee in a multidistrict litigation established for DePuy Pinnacle lawsuits in U.S. District Court, Northern District of Texas. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation – MDL No. 2244)

Bernstein Liebhard LLP is actively filing claims in the DePuy ASR litigation underway in Ohio. Individuals who suffered metallosis, premature device failure or other complications allegedly related to the DePuy hip recall may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. A wealth of information regarding DePuy ASR hip lawsuits is available on Bernstein Liebhard LLPs website. For a free case review, please contact one of our attorneys by calling 800-511-5092.

*fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241604.htm

**nytimes.com/2013/04/17/business/johnson-johnson-wins-case-on-artificial-hip.html?ref=health&_r=0

***nytimes.com/2013/05/17/business/jj-is-phasing-out-metal-replacement-hips.html?ref=health&_r=0

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP

10 East 40th Street

New York, New York 10016

800-511-5092

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