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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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What is Premises Liability?

Premises liability involves injuries caused by unsafe or defective conditions on another person’s or business’s property. For example, if you slip and fall on another person’s property due to an unsafe condition, or if an elevator breaks and injures you,

DePuy ASR Settlement – Round 2 Extension

Stryker Rejuvenate and ABG II Hip Claims Registration Deadline

Hi, this is Stuart Talley. I am the partner here responsible for the Stryker Rejuvenate and ABG II cases. 
I am discussing important deadlines regarding the recently announced Stryker Rejuvenate and ABG II settlement agreement. 

Stryker Hip Recall Attorney: Cancer Study


Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing updates on the Stryker Rejuvenate and Stryker ABG II litigation case.

I am providing an update concerning recent developments about cobalt and chromium toxicity. The developments discuss whether or not high doses of the metals can cause or increase the risk of cancer. Recently, there was a scientific study issued from Finland. In the paper, the scientists examined individuals with metal on metal hips who had high cobalt and chromium levels. They compared these individuals with others implanted with metal-on-plastic hips. This specific research is ongoing since people continue to experience issues with metal on metal hips, and the release of cobalt and chromium ions from their hip joint.

So far, there are no studies suggesting a correlation between elevated levels of cobalt and chromium in the blood and an increased risk for cancer. However, this does not negate the fact that there may be a link; there is just no current evidence to substantiate a link.

In the Finland study, doctors analyzed 10,000 patients with metal on metal hips and compared them to 18,000 patients with conventional metal-on-plastic hips.  They found no statistical increase in the rate of cancer between the two groups from their previous study in 2012. Europe is making a conscious effort to monitor patients with metal on metal hips and metal-on-plastic hips in order to assess the risk of cancer. The link between metal on metal hips and an increased risk for cancer may become apparent in the future.

We represent hundreds of individuals with various metal on metal hips including Stryker Rejuvenate and Stryker ABG II. If you have any questions or concerns, please call us, toll free, at 888-635-3970 or visit our website www.defectivehipsettlementcenter.com and fill out the contact form for a free evaluation.

Stryker Hip Recall Law Firm: Statue of Limitations


Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for the Stryker Rejuvenate and Stryker ABG II litigation cases.

Today, I am providing information about the statute of limitations on some cases.

The statute of limitations is a very important issue concerning the litigation.  The Stryker Rejuvenate and Stryker ABG II hips were recalled in July 2012. Stryker can potentially argue the statute of limitations for their recalled hips begins to run on that date. In most states, the statute of limitations is two years. The statute of limitations could run on your case in July 2014; even if you haven’t undergone revision surgery or experienced any symptoms.

If you have a Stryker Rejuvenate or Stryker ABG II, get in touch with an attorney immediately to ensure your case gets on file or have an agreement with Stryker stopping the statute of limitations from running. We are currently discussing a tolling agreement with Stryker. A tolling agreement is an agreement with the defendant stating you don’t need to file a lawsuit and the statute of limitations will stop the day you enter the agreement.

If you have any questions or concerns, please call us, toll free, at 888-635-3970 or visit our website at www.defectivehipsettlementcenter.com  and fill out the contact form for a free evaluation.

Stryker Hip Recall Lawyer: Questions to ask your doctor


At Kershaw|Talley, we represent hundreds of individuals with defective hips. After reviewing thousands of medical records, and speaking with numerous orthopedic surgeons, we discovered alarming variations in the way orthopedic surgeons deal with patients implanted with Stryker Rejuvenate or ABGII hips. There are surgeons who are aggressive in their treatment and opt for revision surgery. Others, err on the side of caution and closely monitor their patients via repeat blood tests, XRAYS, and physical examination. In addition, many surgeons have little information on the most recent science regarding cobalt and chromium toxicity, and the impact these metals can have on your body.

For your convenience, we compiled a list of questions every Stryker patient should ask their surgeon. This ensures your clinician is taking the appropriate steps necessary for your treatment while aiding an understanding of his or her opinions with respect to your hip. We hope these questions are helpful. If you have any comments or concerns about your doctor’s answers to these questions, please feel free to contact us at (888) 635-3970 or by email at stalley@kcrlegal.com and wkershaw@kcrlegal.com

QUESTIONS

  1. What is your understanding as to why the Rejuvenate or ABG II was recalled?
  2. What types of tests do you believe should be performed to make sure that metal ions from my Stryker hip are not causing tissue damage in my hip?
  3. What types of complications can result from tissue damage?
  4. What types of things do you look at when deciding to recommend revision surgery?
  5. Should I be getting a blood test to determine the amount of titanium in my blood, in addition to blood tests for cobalt and chromium?  Are there any known risks associated with titanium?
  6. How much cobalt and chromium in my blood is too much?  Do I have to be worried about any long term health issues such as cancer, thyroid disorders, or heart issues?
  7. What do the most recent studies say about the health impacts of having high levels of chromium and cobalt in my body?
  8. What is your understanding of the revision rates for the Stryker ABG II and Rejuvenate hips?
  9. If you think my hip is likely to fail in the future, is there any reason to wait until the metal ions have caused damage to my hip before having surgery?
  10. If I don’t have revision surgery, should I be getting my blood tested for cobalt and chromium on a regular basis?  If so, how often?
  11. If I don’t have revision surgery, should I be getting MRIs performed on a regular basis?  If so, how often?
  12. What are the risks of having revision surgery?
  13. What does revision surgery entail?  Will you be removing all of the hardware?
  14. How many revision surgeries have you personally performed where the stem had to be removed?  What is your complication rate with these surgeries?
  15. After revision surgery will the rehab be different than my first operation?
  16. Do I need to be more concerned about fracturing my femur during rehab since you are replacing the stem?
  17. In what percentage of the revision surgeries performed by you, were you able to remove the stem without fracturing the femur?
  18. What type of hip would you use to replace the Stryker Rejuvenate or ABG II?
  19. How long is the recovery period expected to be after revision surgery?

Stryker Case: Does your doctor need to be named in the Lawsuit?


Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for the Stryker Rejuvenate and Stryker ABG II litigation cases.

Today, I am answering a frequently asked question concerning whether or not you need to sue your doctor. The answer is no. Your doctor does not need to be named in the lawsuit. We highly recommend against naming your doctor in any of these cases; we have not named a doctor in any of our hundred cases.

The primary reason is that the doctor is not at fault. The Stryker Rejuvenate and Stryker ABG II were provided to the doctor under the false pretense that the hips were not defective. Both the doctors and patients are innocent victims. Another reason is the doctor is often a very important witness in these cases. You want the doctor to provide positive testimony and be on your side. You would only want to name the doctor in rare circumstances. The goal is to hold Stryker responsible since they are at fault.

If you have a Stryker Rejuvenate and Stryker ABG II, please call us, toll free, at 888-635-3970 or visit our website at www.defectivehipsettlementcenter.com  and fill out the contact form for a free evaluation.

February 2014: Stryker Hip Recall Litigation Hearing Update


Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing a status update on the Stryker Rejuvenate and Stryker ABG II litigation case.

On February 20, 2014, the court in the Stryker Rejuvenate MDL held a status conference to discuss the status of the litigation. It was reported to the court that there are now more than 1,500 individual Stryker lawsuits that have been filed throughout the United States.  Judge Donavan Frank, the judge assigned to hear these cases, reported that he had reached out to several state court judges who are presiding over cases in other jurisdictions to discuss coordinating their efforts to ensure that the cases are litigated as efficiently as possible.

The second issue that was brought up at the hearing involved a discussion of efforts at settlement.  Stryker reported to Judge Frank that in New Jersey it had successfully reached settlement agreements in 9 cases.  However, because the settlements are ”confidential” the amounts of the settlement are unknown and the facts underlying each plaintiffs’ case are unknown.  Judge Frank reported that he would be sending a magistrate judge to New Jersey to meet with the mediators who helped settle the 9 cases. The purpose of this order is to examine whether it’s possible that a global settlement program could be put in place with respect to all the pending cases.

At this point, plaintiff’s counsel advised the court that they were very concerned that Stryker was using the prospects of settlement as a means of delaying the progression of the litigation. Specifically, it was reported that Stryker had only produced a small fraction of the several million pages of documents that have been requested by the plaintiffs and has refused to provide any timeline or dates for the depositions of Stryker employees and executives.  The plaintiffs are very concerned that Stryker is trying to ram through a settlement before the plaintiffs are able to fully discover the facts which led to the eventual recall of the Stryker Rejuvenate hips.  Judge Frank advised the parties to meet and confer on the discovery issues and then bring any unresolved issues to the magistrate’s attention before the next status conference.

The next status conference in the case is set for March 20, 2014.  We will be providing an update after this conference.

If you have a Stryker hip and you want more information about the litigation, how it’s progressing, or you need a legal advisor to evaluate your case, feel free to give us a call. You can reach us at 888-635-3970 or through our website at www.defectivehipsettlementcenter.com

Biomet Hip Recall Settlement Update

Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing a status update on the Biomet Hip litigation.

Biomet is making a global settlement offer to everyone with a pending Biomet case. There are a lot of unknown details. However, we learned Biomet is offering to pay individuals with revised Biomet hips approximately $200,000 under this settlement. There are disclaimers in these categories: some people might get more or less depending on various factors. We are attending a meeting and will find out more about this settlement process. We believe this is positive development regarding this litigation.

If you have a Biomet hip, we urge you to contact an attorney immediately. Please contact us via the number on the screen or on our website.

Kershaw|Talley Hip Recall Attorneys: Journal of Bone and Joint Study

Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for the prosthetic hip litigation.

I am discussing a study concerning metal-on-metal hips and cobalt-chromium toxicity. A recent study was published in the Journal of Bone and Joint Surgery. In this study, researchers evaluated patients with metal-on-metal hips. They examined the patients for a correlation between blood levels of cobalt- chromium and an incidence of pseudotumors or tissue damage surrounding the hip joint.

The surprising discovery indicated no correlation. Individuals with high cobalt and chromium levels did not always suffer from tissue damage, and the degree of tissue damage did not always correlate to the level of cobalt and chromium in the blood.

The researchers concluded individuals with metal-on-metal hips and high levels of cobalt and chromium do not necessarily need a hip revision. Prior to hip revision, the doctor should also evaluate pain levels and perform more conclusive tests and imaging studies, like MRIs or x-rays. This ensures a detail description of the hip. The study mentioned many doctors were relying heavily on the cobalt and chromium serum levels alone.

If you have a problem with metal-on-metal hips, and cobalt-chromium toxicity, please contact us via the number on the screen or through our website.

Kershaw|Talley Hip Recall Attorneys: UK Joints Lack Supporting Evidence

Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for the prosthetic hip litigation.

I am discussing a recent study about prosthetic hips and defective hips. The study was conducted in the United Kingdom (UK). The researchers wanted to determine what percentage of prosthetic hips were tested prior to their release on the market and prove their effectiveness.

The researchers proved over 24% of prosthetic hips sold in the UK were never tested to determine if they were effective and safe. Unfortunately, this also occurs in the United States (US). The US has very lax regulations regarding medical devices, especially hips.

A manufacturer can receive approval through a “fast track” process. This process allows a manufacturer to release a hip if it is substantially similar to another product already on the market. Typically, manufacturers will make minor changes to previous prosthetic hip models, put it on the market, and hope it does well. Generally, this process does not work out. If you have a metal-on-metal hip, you might experience problems from elevated levels of cobalt and chromium released around the hip joint.

If you have a problem with metal-on-metal hips, and cobalt-chromium toxicity, please contact us via the number on the screen or through our website.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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