What do I do if I am injured by a defective product?

Top 10 things to do if you are injured by a product:

by Daryl L. Derryberry, Member of Derryberry Zips Wade Lawhorn, PLLC

Defective tires de tread frequently and can cause serious injuries or death to the occupants of the vehicle.

  1. Contact a lawyer immediately to prevent the product from being destroyed or disposed of.  An attorney can send a spoliation letter to preserve the product for inspection which is crucial to your case.   Do not sign any documents prior to consulting with an attorney. 
  2. Obtain the name of the product manufacturer and the make and model number of the product.
  3. Send all worker’s compensation forms, if any, to your lawyer before signing.
  4. Take photographs of your injuries if possible.
  5. Take photographs of the scene of the incident if possible.
  6. Do not give any written or recorded statements to any insurance company or company representative without consulting with an attorney.
  7. Immediately seek medical attention at a hospital or from a doctor if you are injured.  If you do not seek medical attention, then the insurance company and/or product manufacturer will contend that you delayed in treatment and are not injured.
  8. If you do not have health insurance, contact an attorney.   We may be able to assist you in obtaining medical care.
  9. Prepare a brief summary of the incident.   Our memories fade about the details of an accident as time passes.  This is helpful later in jogging your memory of the details of the incident.
  10. Obtain a police report if one is available.

Daryl L. Derryberry is one of the two founding partners of the firm now known as Derryberry Zips Wade Lawhorn, PLLC (the “Firm”).  Daryl and Craig Zips started the Firm in May, 2002 and have enjoyed great success since the Firm’s inception. Daryl’s legal career spans two decades and includes successfully securing jury verdicts and settlements on behalf of his clients in oil rig accidents, 18 wheeler wrecks, medical negligence, products liability, broker malpractice, breach of fiduciary duty and other cases.

TO STAY UP TO DATE WITH THE LATEST LAW NEWS, BE SURE TO FIND US ON FACEBOOK AT https://www.facebook.com/dzwlaw AND FOLLOW US ON TWITTER AT https://twitter.com/DZWLAW and https://twitter.com/URHURT

DERRYBERRY ZIPS WADE LAWHORN, PLLC  http://www.dzwlaw.com and http://www.urhurt.com 

Derryberry Zips Wade Lawhorn, PLLC Announces the Settlement of a Wrongful Death Case in May, 2013

Type of Case: Wrongful Death- Hospital Medical Negligence-Malpractice

A 28 year old young lady died as a result of the negligence of a hospital and its employees, including the nurses and hospital administrators. We were able to obtain a substantial confidential settlement for the young lady’s 4 year old son and her parents. The young lady suffocated to death because the nurses and hospital administrators ignored the doctor’s orders that a sitter be at her bedside at all times. Instead, she was left alone, rolled onto her stomach and was unable to turn back over onto her back. A hospital employee found the young lady lying face down and non-responsive. Autopsy results confirmed that she suffocated to death, an event which would not have occurred if the doctor’s orders had been followed by the nurses and hospital administrators.

We will continue to serve our clients and pursue those individuals and businesses that needlessly endanger all members of the community by violating basic safety rules that are designed to prevent harm to all members of the community.

First Transvaginal Mesh trial against Johnson & Johnson set to begin week of January 7, 2013

http://www.dzwlaw.com/mesh/

Johnson & Johnson (JNJ) is set to face its first trial over its vaginal mesh implant in a case brought by a South Dakota woman who blames the product for constant pain and 18 subsequent operations.

The lawsuit by Linda Gross, 47, is the first of 1,800 in state court in New Jersey to go to trial today over whether J&J’s Ethicon unit adequately warned of the risks of the device. Several manufacturers, who make the devices to shore up pelvic muscles, face lawsuits by women who blame them for organ perforation, pain, scarring and nerve damage.

“She can no longer sit comfortably for more than a few minutes without having to either stand up or lay down to try to reduce the level of pain,” Gross’s attorneys said in court papers filed in Atlantic City. “She requires various daily medications to treat her severe chronic pain.”

J&J, based in New Brunswick, New Jersey, denies Gross’s claims for failure to warn of the risks, defective design and negligence.

In August, the company stopped selling four mesh devices in the U.S., including the Gynecare Prolift that Gross had implanted on July 13, 2006. The former nurse claims her pain ruined her quality of life and keeps her from working.

J&J, the world’s biggest seller of health-care products, denies Gross’s allegations, according to an Ethicon spokesman,Matthew Johnson.

“The evidence will show that Ethicon acted appropriately and responsibly in the research, development and marketing of pelvic mesh products to treat debilitating conditions affecting many women,” Johnson said in an e-mail.

Jury Selection

Jury selection began today when more than 100 potential jurors began filling out questionnaires. Lawyers will select a jury panel Jan. 9, with opening statements expected the next day. The trial is scheduled to last more than a month.

The U.S. Food and Drug Administration told J&J, C.R. Bard Inc. and 31 other manufacturers last January to study rates of organ damage and complications linked to implants. Doctors implanted more than 70,000 mesh devices in U.S. women in 2010, threading them through incisions in the vagina to fortify pelvic muscles that failed to support internal organs.

J&J said in June that it would end sales worldwide based on their commercial viability, not their safety and effectiveness.

Superior Court Judge Carol Higbee has wrestled in recent days with what lawyers for Gross and J&J can tell jurors about how the company introduced the Prolift device in March 2005.

No Application

J&J began selling the Prolift without filing a newapplication under the agency’s so-called 510(k) application process, which requires companies to show that a device is“substantially similar” to others on the market.

The company determined on its own that it was substantially similar to the Gynecare Gynemesh, one of the company’s devices already approved by the FDA, J&J said last year in an e-mail.

The FDA disagreed with J&J’s interpretation and required a new application in August 2007, saying Prolift sales began“without appropriate” clearance, an agency spokeswoman, Morgan Liscinsky, said last year in an e-mail.

J&J has said it began sales after citing an agency guidance document, “Deciding When to Submit a 510(k) for a Change to an Existing Device,” according to Liscinsky and Johnson.

The company faced no sanctions because the FDA determined that it applied the guidance in good faith and promptly complied when the agency required a new application, Liscinsky said. The FDA cleared the device in May 2008 after nine months of negotiations with J&J.

Addressing Jury

Higbee heard arguments Jan. 4 about what jurors could hear about the device’s regulatory history.

“We’re entitled to say they were required to get 510(k) clearance, and they didn’t get it,” Gross’s attorney, David Mazie, told Higbee.

“We continually hear that we marketed the device without clearance,” William M. Gage, J&J’s lawyer, told the judge. That’s not true. We marketed it under the guidance.”

“If they’re going to go in and say we didn’t get clearance, we’ve got to be able to say we did get clearance,”Gage said.

Higbee barred Adam Slater, the lawyer who will give an opening statement for Gross, from using words like “fraud,” “illegal” and “similarly inflammatory language” in addressing the jury.

‘Mental Illness’

On Jan. 3, Mazie argued that J&J should not be allowed to let a psychiatrist testify that Gross suffers from a “serious mental illness” that contributes to the excruciating pain she’s suffered. The doctor would testify that Gross refused to go a pain management center and wants to “hold on to her pain” so she can continue to claim disability, Mazie said.

At the hearing on Jan. 4, Higbee said jurors can hear about Gross’s various medical problems.

“I don’t foresee that defense counsel is going to stand up there and say this woman is responsible for her injuries,”Higbee said. “I have very little doubt that that would be a mistake.”

Possible witnesses for Gross include Alex Gorsky, who became J&J’s chief executive officer last April and was elected chairman Nov. 30.

Gorsky joined J&J’s Janssen unit in 1988 as a sales representative, according to a company biography. He left the company in 2004 to join Basel, Switzerland-based Novartis AG (NOVN), where he headed North American pharmaceuticals.

Four years later, he returned to J&J. He was named global chairman of the devices and diagnostics groups in 2009.

The case is Gross v. Gynecare Inc. Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City).

To contact the reporters on this story: David Voreacos in Newark, New Jersey, at  dvoreacos@bloomberg.net; Jef Feeley in Wilmington, Delaware, at  jfeeley@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at  mhytha@bloomberg.net.

What to do if you are involved in an accident, including car accidents and 18 wheeler accidents

Top 10 things to do if you are injured in an accident, including a car accident or 18 wheeler accident.

By Craig Zips, Member of Derryberry Zips Wade Lawhorn, PLLC

Accidents involving 18 wheelers can cause serious injuries because of the size and weight of the tractor and trailer.

  1. Immediately call the police or 911 to report the accident, do not leave the scene of the accident and attempt to ensure the other party also stays at the scene.
  2. Contact a lawyer immediately.   The insurance company for the at fault driver and your insurance company will act only to protect their respective financial interests.   The insurance companies only care about saving their money.  Do not sign any documents prior to consulting with an attorney.
  3. Attempt to identify any witnesses to the accident and write down their names, addresses and telephone numbers.  If possible, also write down their license plate numbers.
  4. Exchange the following information with the other driver; name, address and telephone number, make and model of the car or 18 wheeler, license plate number, the other driver’s employer, if applicable, if the driver does not own the car then obtain the name, address and telephone number of the owner of the car or 18 wheeler, obtain all insurance information, including the name of the insurance agent for the other driver.  Also, if the accident involves and 18 wheeler then write down the Unites States Department of Transportation (“US DOT”) number that is typically located somewhere on the tractor or trailer.
  5. Write down any statements that are made by the other driver that indicate the other driver is at fault.  These statements may be used against the other driver and/or their employer in settlement negotiations or   if a lawsuit is filed.  Conversely, do not make any statements to the other driver or witnesses in connection with the accident.  Please remember to make sure that any statements made to the police are truthful and accurate.  Do not guess or speculate about any answer to any question asked by the investigating officer.
  6. Take photographs of the property damage to your car and the other car(s) or 18 wheeler while you are at the scene of the accident.  Also take photos of the accident scene, including any visual obstructions, road signs, speed limits signs, and any skid marks made by any vehicle involved in the accident.
  7. Immediately seek medical treatment if you are even slightly injured.  Sometimes accident victims can sustain internal injuries without realizing he/she is injured.  Internal injuries can be fatal if not treated.    Do not be embarrassed to ask for an ambulance if you have been injured in any manner.  Please also make sure you attend all doctor and physical therapy appointments.  If you miss these appointments, then the insurance company will argue these missed appointments mean you are not really hurt.
  8. Do not give any written or recorded statements to any insurance company or insurance company representative without consulting with an attorney.
  9. Prepare a brief summary of the accident.   Our memories fade about the details of an accident as time passes.  These notes about the accident will be  helpful later in jogging your memory of the details of the accident.   Also, keep a daily diary of your medical visits, as well as a daily diary of the pain you are experiencing after the accident.
  10. Obtain a police report if one is available.

Craig Zips is one of the two founding members of the firm now known as Derryberry Zips Wade Lawhorn, PLLC. He is board certified in personal injury trial law by the Texas Board of Legal Specialization, and has been given the premier AV rating by Martindale Hubbell. Craig has represented numerous clients for over 15 years in a variety of litigation matters, from complex commercial matters, including business disputes and securities fraud, as well as the  representation of plaintiffs in serious injury cases.