A Happy Holidays to All Friends of the Berniard Law Firm
The Berniard Law Firm would like to wish everyone a Happy Holiday.
Regular posting will resume in 2012! Have a happy, and SAFE, holiday season!
December 25, 2011
October 20, 2010
DePuy Hip Replacement Failure Worries Many
A hip replacement surgery is a very serious, very invasive surgical procedure that many people, unfortunately, have to undergo. A hip replacement surgery is not just a procedure for older people: Louisiana residents of all ages have undergone hip replacement surgeries over the last decade. In that time, great progress has been made on developing durable, workable hips so that area residents, and elsewhere, can continue to live their lives unaffected and unhindered by the hip prosthesis. However, it has recently come to the public’s attention that DePuy, the orthopedic division of Johnson & Johnson, manufactured a defective hip implant that went unchecked for years until its recall this year. In fact, DePuy knowingly marketed a defective product and as a result, over the last few years, almost 100,000 patients have received a defective hip. If you are a Louisiana resident who received a DePuy hip, the law is on your side.
A hip replacement failure can result in very serious injuries for the patient, in addition to the revision surgery that the patient will very likely face. Patients receiving DePuy hips have experienced failure in the unit in as short as five years or less, as opposed to the regular 10 to 15 years that similar devices tend to last. However, if you received one of these defective hips the law has favorable for allowing those who have received a defective product to recover personal injury damages.
Louisiana patients should be on the look-out for certain signs that their hip replacement device is failing. Signs of failure include swelling of the hip area, popping or clicking, pain, loosening or implant dislocation, and fractures. Don’t forget that a failed device can cause even more serious injuries than just a fractured hip, as there are several different implications that can arise. In the DePuy case, doctors are also concerned about toxins from the metal implant seeping into patients' bloodstream, potentially poisoning their bodies. It is in the best interest of individuals who suspect a failing DePuy hip replacement has been used in their corrective surgery to get a blood test immediately.
Thus many are left wondering: what do you do if you have a DePuy hip? For those with the ASR Hip Resurfacing System, it is imperative that you talk to a lawyer to discuss your legal rights. In cases like this there is a statute of limitations which says that even if you have a valid claim, waiting too long or delays in bringing your case can lead to a failure in recovering monetary damages for your case. If you have suffered pain, lost wages, or been forced to spend less time with your family as a result of your defective hip, you could be eligible for money damages.
An experienced attorney can work with you in bringing a lawsuit against DePuy, the manufacturer of the defective hip implants. The law protects you, the consumer, from deceptive marketing and manufacturing. If you have a DePuy hip, or another other hip implant that is causing you problems, reach out to the Berniard Law Firm today.
Continue reading "DePuy Hip Replacement Failure Worries Many " »
October 16, 2010
DePuy Hip System Recall and the Steps to Take for Financial Compensation/Damages
DePuy Orthopaedics, Inc., has voluntarily recalled the DePuy ASR(TM) XL Acetabular System and Depuy ASR(TM) Hip Resurfacing System used in hip replacement surgery. Serious complications with these two devices caused many individuals to experience severe pain, discomfort, and for many, a second corrective surgery. In fact, DePuy has acknowledged that symptoms of the DePuy Hip System may include:
- Loosening, when the implant does not stay attached to the bone in the correct position
- Fracture, where the bone around the implant may have broken; and
- Dislocation, where the two parts of the implant that move against each other are no longer aligned.
Further, if you have had hip surgery after July 2003, the hip replacement device you received may be included in this recall. However, DePuy does not maintain a master list of patients who received their product. Therefore, if you have had hip surgery and received an implant after July 2003, contact your orthopedic surgeon or the hospital where your surgery took place to determine whether you received a DePuy ASR Hip System device. This step may take time and therefore, should be looked into as soon as possible.
Also, visiting your doctor for medical testing will help determine whether your hip is functioning well and reacting appropriately to the implant device. Tests may include X-Rays of your hip, simple physical reaction test, as well as blood test to indicate the level of microscopic metal particles around your hip that may cause serious health problems. In addition, other test may be done including an ultrasound or MRI to evaluate if you are having a reaction to the metal particles. This is a critical factor to explore since many patients who had the DePuy implant are later diagnosed with metallosis, which occurs when friction of a metal on metal device produces metal shavings that become deposited in the socket of the device and in the surrounding soft tissue. This damage may complicate the corrective surgery many need in order to remove the DePuy device completely from their hip.
April 18, 2010
Louisiana Residents With Personal Injury Questions
For those Louisiana residents, whether you live in Lake Charles, Shreveport, Baton Rouge, New Orleans, Kentwood or any other of the great cities across this state, looking for more information on their possible personal injury claim, check out our blog dedicated to these legal matters:
Louisiana Personal Injury Blog
This blog discusses the legal issues relating to Admiralty/Maritime law, Animal/Dog Bites, Car Accidents, Chemical/Industrial Spills, the intricacies of Expert Testimony, Insurance Disputes, employee rights under the Jones Act, Legal Duty, Civil Lawsuits, Criminal prosecution, Medical Malpractice, Mesothelioma/Asbestos, Motorcycle Injury, Negligence, Offshore Accidents, Product Defects, Chinese Drywall, Strict Liability, Workers' Compensation and Wrongful Death. All of these issues are crucial to citizens rights and residents of Louisiana.
To better understand the complexity of the law, contacting an attorney is crucial. However, to get a better understanding of the general issues, we hope this resource is invaluable. Feel free to browse this legal resource dealing with a variety of harms or damages you may have suffered in order to understand how your issue matches up with the law.
If you would like to speak with an attorney, check out our contact information. We represent Louisiana residents across the state and would be happy to discuss with you how to move forward with your unfortunate circumstances.
August 20, 2009
Atlantic Hurricane Bill downgraded to Category 3 - still missing US
For updated views of Bill's projected Bath, bookmark this Blog entry.
August 19, 2009
August 19, 2009
Builder looks to help homeowner that has Chinese drywall
WBRZ News 2 features the story of how a Livingston Parish homeowner with Chinese drywall may receive some help from a builder.
Launch Video Player Window
July 5, 2009
NOAA Hurricane Outlook for 2009
The National Oceanic and Atmospheric Administration, a governmental agency focused on monitoring the ocean and atmosphere throughout the year, has released its 2009 figures for what it expects to see this hurricane season:
While this might not seem like much, it is a more positive outlook than we saw last year. In last year's predictions, there was a 65% prediction of more hurricanes than normal, as compared to 25% this year. As such, the Gulf Coast region may get a calm this season which would be a very welcome reality given the past decade and the amount of devastating storms that came through recently.
For tips on how to prepare for hurricane season, check out our section on hurricane and storm tips found here.
June 6, 2009
New Orleans hurricane center still not close to open
In something that will likely not come as a surprise to residents of New Orleans, a planned command center for emergency operations in the event of a hurricane that was scheduled to be ready last Monday is nowhere near ready.
In pictures provided by WWL, the site looks more like a recent renovation than what is supposed to be the nerve center for communications should a devastating storm return to the city.
WWL's Scott Satchfield reports
When hurricanes threaten emergency operations centers, or EOC’s, across the state are the nerve centers for first responders and emergency managers. It's where they come together to make key decisions for public safety.That won’t be happening anytime soon inside the space that is designated to become the New Orleans’ new emergency operations center.
Located on the ninth floor of City Hall, it's mostly empty aside from some wires hang from the ceiling, and piles of broken concrete sitting on the floor.
It was supposed to be ready by Monday, the first day of hurricane season.
While an office exists now, there is a very urgent need for the delays that have put off this new site's construction to be removed and work to go forward. Though it will obviously not be in place for this year, one can only hope it will be operational in 2010.
March 26, 2009
Chinese Drywall's Effects in Florida
A YouTube video, embedded below, gives a quick two minute run-down of the Chinese Drywall issue and how it can effect homes and their residents. While it has a Florida focus, the same effects and problems are being reported in Louisiana and elsewhere.
March 13, 2009
Katrina Profile of Attorney Jeff Berniard Available Online
Recently available online is an article profiling attorney Jeff Berniard's work in defending policyholder's rights post-Katrina. The article, written by Lawyers USA, describes Mr. Berniard's strategy and success in helping Louisiana homeowners receive the justice they deserve.
An excerpt:
New Orleans attorney Jeffrey Berniard was a refugee from the ravages of Hurricane Katrina last year when he realized that the monstrous storm could contain a silver lining for his practice."I had an inkling there were going to be a lot of insurance problems out there," he recalled. "So I created a strategy, and when I came back I focused on that."
Berniard was a title attorney in a small New Orleans firm when Katrina forced him to evacuate and head for his family's home in Lake Charles, La. But when he went back five weeks later, he didn't return to the firm. Instead, he set up shop on his own as "Jeff Berniard, Louisiana Hurricane Lawyer," and created a website to bring in Katrina-related insurance business.
The strategy was successful. His new website brought in a flood of insurance cases, and by May he was so swamped with work that his wife, Melissa Elaine Wilson, left her job as a lawyer in Jefferson Juvenile Court to join him.
To read the complete article, go here.
March 10, 2009
Hurricane Preparedness Video
Produced by the Sun-Sentinel, a hurricane preparation video with helpful tips is available to watch on YouTube. Press play below to learn more about how to prepare for adverse weather in the coming hurricane months.
February 17, 2009
Galveston's Slow Return Back
A video making its rounds from CBS chronicles the rebuilding effort going on in Galveston in the wake of Hurricane Ike and is worth a look:
