Archive for the ‘Michael L. McGlamry’ Category

Consumer Reports Investigates Dangerous Medical Devices and the FDA’s Failure to Protect Consumers from Defective Products

May 18th, 2012

Mike McGlamry

Most medical devices available today are approved by the Federal Drug Administration (“FDA”) through a process known as 510(k) Clearance. Section 510(k) of the Food, Drug and Cosmetic Act requires device manufacturers to notify the FDA of their intent to market a medical device at least 90 days in advance. This is known as Premarket Notification – also called PMN or 510(k). This process allows the FDA to determine whether the device is equivalent to a device already placed into one of the three classification categories. If the FDA finds that a device is equivalent to a device already approved then the new device does not have to go through safety and effectiveness testing that most people would expect.

According to a May 2012 Consumer Reports investigation (click here to read the full report), “for most implants and other high-risk devices brought to the market, manufacturers do nothing more than file some paperwork and pay the Food and Drug Administration a user fee of roughly $4,000 to start selling a product that can rack up many millions of dollars in revenue. Often, the only safety “testing” that occurs is in the bodies of unsuspecting patients.”

In its investigation, Consumer Reports studied three medical devices approved through the FDA’s streamlined 510(k) process, two of which were approved without clinical trials and all of which have failed miserably. Attorneys at Pope, McGlamry are currently investigating and filing lawsuits against the manufactures of two of the products investigated by Consumer Reports – transvaginal mesh products and metal on metal hips.

The first product investigated by Consumer Reports was the transvaginal mesh product designed to repair prolapse, where the bladder and uterus drop out of their normal position within the pelvis. Since transvaginal mesh’s FDA approval, hundreds of thousands of women have suffered from infection and severe pain caused by the defective transvaginal mesh product. One consumer reported that “she was in such pain she couldn’t sit, she couldn’t stand, and she could hardly walk.” The transvaginal mesh kits were cleared by the FDA based on their “substantial equivalence” to an earlier mesh used to repair abdominal hernias that was sold as long ago as the 1950s, even though the kits were designed to be used in a different part of the body and inserted laparoscopically, not through open surgery.

In January 2012, nearly 10 years after the first transvaginal mesh kits hit the market, the FDA finally took action to protect consumers. The FDA ordered 33 companies to conduct the first-ever post-market safety studies of the products. The FDA is thinking of reclassifying those mesh kits to the highest-risk Class III.

The second product investigated by Consumer Reports was an artificial hip known as the ASR XL, which was introduced in 2005 by DePuy, the orthopedic division of Johnson & Johnson. Once again, the FDA cleared the device without clinical testing based on “substantial equivalence” to earlier devices, though such metal-on-metal hips had long been on the FDA’s high-priority list for requiring advance clinical trials. Consumer Reports interviewed an orthopedic surgeon who was implanted with the DePuy ASR device. The surgeon turned patient stated that only one year after his surgery, it became clear that something was wrong. His hip was “pretty much constantly painful” and the chromium and cobalt levels in his blood “were notably high.” Then he started noticing other problems, such as disturbed sleep, mood swings and anxiety, hearing loss, visual problems, and tinnitus.

Consumer Reports’ investigation placed much of the blame on the FDA’s inefficient inability to monitor the post-market success of products. For instance, although the hip was invented and manufactured by an American company, DePuy recalled the defective ASR device because as early as three years prior to the American recall, regulators in Australia, England, and Wales were noticing serious problems. Those countries were able to do so because they have national joint registries—a list of every joint implanted—and the ability to track how patients fare with various models. There is no such national registry in the U.S.

Rather than monitor the products approved through the streamlined 510(k) process, the FDA has a voluntary system whereby doctors, manufacturers, and patients can report problems with medical devices. Experts estimate that only a fraction of device problems ever get reported. However, from 2009 through 2011, the FDA received 20,518 reports of injuries from metal-on-metal total hip replacements. Of those, 15,137 concerned the now recalled DePuy hip. Many of the remaining complaints concerned several other brands and models that are still on the market in the U.S., including the defective Wright Medical Conserve hip device.

The 2011 Institute of Medicine panel concluded that the FDA’s ability to spot problems is so inadequate that it’s “impossible to confidently draw broad conclusions about the safety and effectiveness of products that are on the market.”

The FDA has failed to adequately hold manufacturers accountable for their gross injustice to innocent consumers. Attorneys at Pope, McGlamry are currently taking and filing cases against those manufactures to hold them liable for distributing defective products. If you or a loved one has suffered from the defective transvaginal mesh, DePuy ASR metal on metal hip device, or Wright Medical metal on metal hip device contact our Georgia product liability litigation attorneys today and schedule a free consultation.

Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C., Announces Plaintiffs’ Leadership Role in Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation

May 3rd, 2012

Mike McGlamry

Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C., have been appointed to leadership positions in MDL. No. 2329, In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, Civil Action No. 1:12-md-2329, United States District Court for the Northern District of Georgia.

Atlanta, GA (PRWEB) May 3, 2012, 2012

Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C., a prominent Georgia law firm specializing in civil litigation, announced today that it has been appointed to leadership positions for the Plaintiffs in the Wright Conserve Hip Implant Multi-District Litigation (MDL). The firm will serve as Co-Lead Counsel and Co-Liaison Counsel in the MDL proceeding. Michael L. McGlamry and William Usher Norwood, III will being handling the primary duties of Co-Lead Counsel and Co-Liaison Counsel, respectively, for Pope McGlamry. Between them, Mike McGlamry and Bill Norwood have 75 years of experience in handling complex litigation matters. McGlamry and Norwood will work with Raymond P. Boucher, Co-Lead Counsel, and Helen E. Zukin, Co-Liaison Counsel, both of the Los Angeles, California law firm Kiesel Boucher Larson, P.C., to coordinate the Plaintiffs’ litigation in the Wright Conserve Hip Implant MDL.

The Wright Conserve Hip Implant MDL is a consolidation in the Federal District Court for the Northern District of Georgia of products liability cases from around the country against Wright Medical Technology and its parent company, Wright Medical Group, Inc. Cases pending in the MDL seek to recover for individuals who have suffered injuries from Metal-on-Metal hip implants designed and sold by Wright. Attorneys at Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C., filed some of the very first cases alleging injuries from Wright hip replacement products and have led the charge, calling for the formation of a consolidated MDL proceeding. Mike McGlamry took the lead in arguing for consolidation in Miami before the Judicial Panel on Multi-District Litigation.
Approximately 30 individual cases have now been consolidated in the United States District Court for the Northern District of Georgia, Atlanta Division. The Hon. William S. Duffey, Jr., United States District Judge, is presiding over the consolidated MDL proceedings. Judge Duffey appointed Pope McGlamry to the leadership roles in his Order of May 3, 2012. I copy of the entire Order can be seen here.

The Wright Conserve Hip Implant MDL cases stem from problems suffered by individuals who have had a hip replacement with either the Wright CONSERVE® Hip Implant System or the Wright PROFEMUR® Total Hip System. The Wright Hips resemble the recalled DePuy ASR Hip System and have resulted in similar injuries including, failure, acetabular cup loosening, severe pain, swelling, bone and soft tissue damage, metal poisoning, and other complications. Although a recent symposium at the Annual Meeting of the American Academy of Orthopedic Surgeons (AAOS) concluded that there is no indication for the use of Metal-on-Metal total hip implants and preeminent British medical journal The Lancet reported that Metal-on-Metal stemmed total hip implant systems should not be used, the Wright Metal-on-Metal Hips are still on the market. To read more about the Wright Metal-on-Metal hip replacement systems, please visit the firm’s website, at http://www.pmkm.com/area-of-practice/product-liability/wright-total-hip-systems.

About Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C.

Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C. maintains offices in Atlanta and Columbus, Georgia. The firm specializes in complex, class action, products liability and commercial litigation. Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C. also represents individuals in catastrophic personal injury and wrongful death litigation. For more information concerning this case, or for other information, please contact us in Atlanta at 404-523-7706 or in Columbus at 706-324-0050, or visit us at http://www.pmkm.com.

Potential link between head injuries and Junior Seau’s death.

May 3rd, 2012

Mike McGlamry

HARD HITS TO THE HEAD: A POSSIBLE LINK TO ANOTHER HERO’S DEATH

In what has become a troubling trend in the National Football League, another legend has died after failing to cope with life after retirement.

Yesterday afternoon the rumors began to hit media waves about former NFL hero Junior Seau’s apparent suicide – sadly, this was no rumor. It’s difficult to imagine this hard-hitting, gridiron sports icon could be dead at only 43.

It is reported that the former San Diego Chargers linebacker was found dead Wednesday [May 2, 2012] morning, with a single self-inflicted gunshot wound to his chest. It is now being considered whether the years of helmet to helmet contact and hard hits suffered by Seau could have caused Chronic Traumatic Encephalopathy (“CTE”), a troubling disease linked to the how the brain functions, and Seau’s suicide.

According to Boston University’s Center for the Study of Traumatic Encephalopathy, CTE is “…[a] progressive degenerative disease of the brain found in athletes with a history of repetitive brain trauma…concussions as well as…subconcussive hits to the head.” It is further explained that this trauma and brain degeneration causes “…memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, and, eventually, progressive dementia.”

Several former NFL players have committed suicide in recent years including former Chicago Bears safety Dave Duerson, former Philadelphia Eagles defensive back Andre Waters, and last month, former Atlanta Falcons defensive back, Charles “Ray” Easterling. Many experts believe the deaths could be related to brain injuries suffered while in the League, and have studied the brains of these former NFL stars revealing CTE. The NFL, however, has repeatedly refuted the connection between concussions and brain injury.

Today, Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C. filed its latest lawsuit against the NFL on behalf of 114 former players. All of the suits at issue make allegations that the NFL failed to take proper action in response to players’ complaints of concussion-related health problems. Former players allege that the League, through its own self-appointed and self-serving concussion committee, has continuously and vehemently downplayed independent research showing the casual link between head injuries in football and long term cognitive issues. The NFL has denied the allegations.

Currently, there are over 60 lawsuits and 1500 former NFL players involved in the concussion litigation against the NFL. More suits and players are expected to join. The litigation has been consolidated and centralized in Philadelphia before Judge Anita Brody in the U.S. District Court for the Eastern District of Pennsylvania.

Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C., currently represents former professional football players for injuries and damages sustained as a result of suffering concussions while playing football, and is actively involved in this litigation. If you or someone you love has been injured by a sports-related concussion, you may be entitled to compensation.

Pope McGlamry’s Lawyers Appointed to Leadership Committees in Multi-District Litigation Against the NFL

April 26th, 2012

Mike McGlamry

Pope McGlamry’s own Michael L. (“Mike”) McGlamry and Wade H. (“Trip”) Tomlinson have been appointed to leadership committees in the multi-district litigation against the NFL for concussion-related injuries. Over 1500 former NFL players have filed individual lawsuits against the NFL alleging that the NFL had for years misled players concerning the risks associated with concussion-related injuries. Similar to the allegations in the tobacco litigation, the former NFL players claim that the NFL’s committee on concussions spent years downplaying independent research showing the casual link between head injuries in football and long term cognitive issues.

With over 1500 individual claims filed and more being filed every day, it is important for the lawyers that represent former NFL players to appoint certain attorneys to leadership roles. Pope McGlamry is honored that its lawyers were chosen to help lead the NFL concussion litigation. Mike McGlamry has been appointed to the Steering Committee that helps govern the course of the litigation for the former NFL players. Mike has also been appointed as the Chair of the Discovery and Document Repository Committee and the Public Relations Committee. Trip Tomlinson has been appointed to the Legal and Briefing Committee.

Metal-on-Metal Hip Implant: A Gamble most Experts are not Willing to Take

April 13th, 2012

Mike McGlamry

A recent study from the National Joint Registry of English and Wales found that 6% of people with metal-on-metal implants needed additional surgery. This percentage is high when compared to the 1.7 to 2.4% rate found in individuals with ceramic or plastic hips.

Study author Ashley Blom, head of orthopedic research at the University of Bristol, stated that with so many hip replacement alternatives, there was no reason to take the risk that comes with metal-on-metal hips. “If I were a patient, I would not choose a metal-on-metal hip,” he said.

Last month, an investigation by the British Medical Journal and BBC News found that metal ions from metal-on-metal artificial hips could seep into surrounding tissue, destroying muscle and bone, and for some causing damage to the lymph nodes, spleen, liver and kidneys. In the U.K., only about 5 percent of patients are believed to be getting the metal hips. In the U.S., estimates are that about 500,000 people have them.

The fallout on metal-on-metal hip replacement systems has some experts calling for tighter regulation, warning there might be similar problems with other joint replacements, such as those for knees and shoulders.

“I wouldn’t be surprised if this was just the beginning of the storm,” said Art Sedrakyan, an associate professor of public health at Weill Cornell Medical College in New York, who authored an accompanying commentary in Lancet. “A lot of products have been allowed onto the market without clinical evidence they work.”

If you or a loved one have a DePuy ASR, DePuy Pinnacle or Wright Conserve metal-on-metal hip implant, or any other metal-on-metal implant, and have suffered complications, or experienced a hip replacement failure requiring revision surgery, you may be entitled to recover significant damages from the defective product manufacturer. The lawyers at Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C., are actively handling claims for you injury and loss.

 

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