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August 2015 Archives

$1.6 Million Sought In Legal Malpractice Suit Against Public Defender

Kansas Supreme Court reinstates convicted child abuser's legal malpractice suit against defense attorney.

Originally filed in 2003, the lawsuit was filed against then-public defender Sarah Sweet-McKinnon by a man she represented in a child sexual assault case. Jason Mashaney is seeking $1.6 million in a

legal malpractice suit alleging ineffective counsel.

Major Auto Manufacturers Sued Over Keyless Ignition System Defect

Class action lawsuit filed against most major auto manufacturers over injuries and deaths caused by keyless ignition system defect.

Keyless ignition systems, which allow drivers to start their car with the push of a button, are a common feature on newer cars sold in the United States. The car will start as long as an electronic key fob is within the vehicle.

Legal Malpractice Case To Decide If Firm Is Credit Repair Organization

Florida attorney claims his laws firms do not offer credit repair services, counter to client's claim in legal malpractice case.

A Pompano Beach attorney and his law firms, one of which was a subject of a New York state student protection investigation in 2014, are headed to trial next week in a

legal malpractice case.

Hip Implant Failures Surge

In the face of epidemic of premature metal-on-metal hip implant failures, Johnson and Johnson adds 1,400 claims to settlement agreement.

Over 9,400 cases are now included in Johnson & Johnson's settlement agreement for hip implant failures. Thousands of people in the U.S. still have defective hip implants manufactured by Johnson & Johnson subsidiary DePuy Orthopeadics. Metal-on-metal hip implant failures can result in an accumulation of heavy metals in the blood called metallosis.DePuy ASR, DePuy Pinnacle, Biomet Magnum, Smith and Nephew, Wright Conserve, Zimmer Durom cup and Stryker Rejuvenate and ABG II, are among hip replacements that continue to fail prematurely and require painful and risky revision surgery. Johnson and Johnson (J&J), and its subsidiary DePuy Orthopaedics, has agreed to add another 1,400 hip injury claims to a settlement agreement reached in 2013. This new agreement extends the deal to include recalled ASR implants that were revised as of January 31, 2015. J&J had initially agreed to settle about 8,000 ASR lawsuit cases, that folks brought when their hip replacement failed and had to be removed prior to August 31, 2013. The initial agreement left several thousand DePuy ASR hip lawsuits in limbo. On February 20, the U.S. District Judge presiding over the federal litigation was notified that an agreement has been reached that extended the settlement program to include U.S. citizens or residents who received an ASR hip and had revision surgery on or before January 31, 2015. Under terms of the original agreement, plaintiffs will receive an average payment of $250,000 for pain and suffering, with the age of the plaintiff, the length of time the implant was in place, the weight of the plaintiff, whether they were a smoker, will be considered prior to a final award. Patients who developed "extraordinary injuries", and complications associated with the revision surgery, can also obtain additional compensation and all medical expenses will be covered by the manufacturer. Despite the settlements, there are thousands of people throughout the U.S. who still have a defective implanted DePuy ASR hip. It is estimated that as many as 30,000 ASR hips were implanted in the U.S. prior to the world wide recall. The metal-on-metal implant was recalled in August 2010, because of a high rate of failures associated with the flawed design. This defective hip released cobalt and chromium metallic debris into the body and the hip joint as the components grind against each other during normal use. This accumulation of heavy metals is known as metallosis. The metal-on-metal hip replacement system was recalled from the market after medical data found that about one out of every eight would fail within five years. More recent data has suggested that the DePuy hip failure rate may be substantially higher, ending up in the 35% to 45% range. J&J is continues to deny, delay and defend thousands of cases involving similar metallosis and premature failure problems from the DePuy Pinnacle hip. The DePuy Pinnacle is an older model that features a substantially similar metal-on-metal design. There are currently more than 7,700 DePuy Pinnacle hip lawsuits pending throughout the U.S. In the federal court system, as of 7/15/2015, all complaints involving problems with DePuy Pinnacle implants are centralized in the U.S. District Court for the Northern District of Texas under U.S. District Judge Ed Kinkeade as part of a multidistrict lawsuit (MDL). The Dallas court has identified ten different cases that have been selected to be prepared for early trial dates. These early trials are known as "bellwether" cases. The trials help the parties gauge how juries may respond to similar evidence and testimony that is repeated throughout the litigation. A version of this content was originally posted by Shazed Malik MD JD on The Legal Examiner. Hip Implant Failures - Ball & Bonholtzer Trial Attorney - Los Angeles

Traumatic Birth Brain Injury Lawsuit Prevented By Missed Statute Of Limitations

Mother claims hospital's delay in performing cesarean section in high-risk pregnancy resulted in infant's brain injury. Malpractice lawsuit can't be filed as missing medical records caused statute of limitations to expire.

A medical malpractice lawsuit against a hospital where an infant suffered brain injury and other disabilities during a traumatic birth will not be permitted due to missed statute of limitations. Missing health records prevented the mother from obtaining information regarding the injuries for years. When the records finally appeared years after the child's birth, Indiana statute of limitations prevented the mother from filing a botched delivery lawsuit against those responsible. The delivery in question occurred at IU Health Methodist Hospital on October 29, 2004. Prior to this date, the mother's pregnancy had been classified as a high-risk pregnancy after her water broke at 24 weeks. The physician overseeing the mother's care had also determined the baby was more than 10 pounds and a Cesarean delivery would be required to ensure a safe and healthy birth process. When the mother presented at Methodist, she told hospital staff to call her physician to come and perform the C-section. However, according to the mother, a midwife at the hospital refused to call her doctor. It was not until the fetal monitoring alarms began to go off that the midwife left the room to get help with the delivery. At that point, the mother claims the baby was stuck in the birth canal and deprived of oxygen. Upon delivery, the baby was silent and was taken away to the neonatal intensive care unit. The mother was also attended to, as extensive tearing during delivery left her with permanent damage. Today, the 10-year-old girl still has limited use of her arms, due to injuries suffered at her birth. She also suffers from short-term memory problems and a wandering eye. However, when school administrators tried to get medical records on the child to determine what her specific needs would be, hospital records were not available. Nearly 10 years after the child's birth, her medical records were finally obtained by Wayne Township Schools. The records showed that the newborn suffered a brain injury, seizures, respiratory failure and hemorrhaging, due to her traumatic birth. With that information in hand, the mother of the injured child made the decision to file a malpractice lawsuit against UI Health Methodist. Unfortunately, the lawsuit was not valid, since the timing for the filing exceeded the statute of limitation on medical malpractice in Indiana. The state puts a limit of two years on individual lawsuits and six years to file on behalf of an injured child. Because it took nearly 10 years to obtain copies of the child's medical records, the statute of limitation had already passed. Sadly, this is not the only claim of brain injury at birth attributed to this hospital system in recent years. Attorneys are representing four other mothers claiming malpractice during delivery led to their children's injuries. Another lawsuit was filed against HealthNet, the healthcare system to which UI Health Methodist belongs, by a former director of women's services for HealthNet, Dr. Judith Robinson. Dr. Robinson went public with concerns that the hospital system was allowing midwives to handle high-risk pregnancies that should have been managed by actual physicians. After the deliveries, physicians would sign off on the patient records to ensure they would receive full payment for services. According to Robinson, the health system benefited financially from this arrangement, since midwives typically charge less for their services than physicians. The federal lawsuit filed by Robinson alleges lack of physician involvement contributed to serious birth injuries, including permanent brain damage, and the death of one mother. Originally posted by Whitney Taylor on the online version of Injury Lawyer News. Ball & Bonholtzer Trial Attorney - Los Angeles - Brain Injury

Missed Statute Of Limitations Stops Malpractice Lawsuit Over Birth Injuries

Mother of infant who suffered serious injuries following traumatic birth delayed in filing malpractice lawsuit due to missing medical records. Suit can not go forward due to missed statute of limitations.

A medical malpractice lawsuit against a hospital where an infant suffered brain injury and other disabilities during a traumatic birth will not be permitted due to

Major Chicago Law Firm And Partner Sued For Legal Malpractice and Breach of Fiduciary

Katten Muchin Firm And Partner Sued For Alleged Legal Malpractice and Breach of Fiduciary Duty Surrounding Fraud Suit

As reported in the Cook County Record, a one-time client of the major Chicago law firm Katten Muchin, is acting as his own attorney in Cook County Circuit Court to sue the firm, claiming they misled him about their legal skills to drain his wallet and torpedo a fraud lawsuit. Michael R. Berry lodged a five-count complaint Aug. 3 alleging lawyer Christian Kemnitz and the firm at which he practices, Katten Muchin Rosenman LLP, committed legal malpractice, fraud, breach of contract, breach of fiduciary obligation and promissory estoppel. Berry, who lives in Cypress, Texas, filed the suit pro se. Berry is head of MRB Holdings LLC, of Houston. Kemnitz is a partner in Katten Muchin Rosenman, which is a Chicago-based 41-year-old firm that employs 650 lawyers and has offices in six states, as well as in Great Britain and China. Berry's action against Kemnitz and the Katten law firm centers on an action Berry brought on May 5, 2011, in Cook County Circuit Court. In that case, Berry filed a fraud suit against Nicolas Kernene, of west suburban St. Charles, Ill. and Kernene's business services company, Twisted Sun, Inc. Berry had leveled allegations of securities fraud, breach of contract and breach of fiduciary duty against Kernene and Twisted Sun in that case. Berry was represented in that case by Katten Muchin Rosenman until the firm withdrew on July 25, 2013. The case lingered until Cook County Associate Judge Thomas R. Mulroy Jr. dismissed Berry's complaint Jan. 21, 2014, for want of prosecution. Berry is alleging Kemnitz and the Katten firm "enticed" him into hiring them to fight Kernene, by allegedly deceiving him as to their capabilities, so as to unjustly enrich themselves at both his expense and at the expense of the administration of justice. Berry claimed he learned of Kemnitz's and the firm's "true intentions" after they pulled out of the Twisted Sun case and turned over to him their file on the case. As an alleged example of the defendants' alleged perfidy, Berry said they agreed with opposing counsel - during the allegedly "unduly long" discovery process - to have a protective order placed over information that Berry needed to substantiate his claims against Twisted Sun. In reality, the information did not qualify for protected status, according to Berry, which he discovered after a 20-minute review of the material. Berry further claimed his attorneys couldn't see the heart of his case against Twisted Sun. "Kemnitz and Katten were never capable of identification of the apparent fraud that is the underlying foundations of Berry's pursuit of the civil matter," Berry contended. Berry added he "spent a considerable amount of time and money" in assisting his attorneys in pursuing his case against Twisted Sun. Berry, who is seeking a jury trial, wants defendants to repay the unspecified amount of money he paid them and to pay unspecified punitive damages, as well as fees and costs in bringing the suit and compensatory damages to be "proven at trial (sic)." The case is assigned to Cook County Circuit Judge Raymond W. Mitchell. There is a status hearing set for Oct. 1.

Legal Malpractice and Breach of Fiduciary Duty Lawsuit Against Prominent Chicago Law Firm and Partner

Katten Muchin Firm And Partner Sued For Alleged Legal Malpractice and Breach of Fiduciary Duty Surrounding Fraud Suit

As reported in the Cook County Record, a one-time client of the major Chicago law firm Katten Muchin, is acting as his own attorney in Cook County Circuit Court to sue the firm, claiming they misled him about their legal skills to drain his wallet and torpedo a fraud lawsuit.

Michael R. Berry lodged a five-count complaint Aug. 3 alleging lawyer Christian Kemnitz and the firm at which he practices, Katten Muchin Rosenman LLP, committed legal malpractice, fraud, breach of contract, breach of fiduciary obligation and promissory estoppel. Berry, who lives in Cypress, Texas, filed the suit pro se. Berry is head of MRB Holdings LLC, of Houston.

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