Wright Medical Group Loses Courtroom Battle

Wright Medical group suffered a damaging blow in its legal battle over its metal hip implant devices because a jury awarded a plaintiff more than $10 million, which stems from a trial over the company’s products. A jury in Atlanta deliberated for three days after a two-week trial, in which the person suing had a hip implant and Wright was accused of misrepresentation its product’s safety. The $11 million verdict includes compensatory damages worth $1 million, as well as punitive damages worth $10 million, and this signals an early loss for the company over its devices. Wright Medical group is still faced with many more cases, which was filed in the Northern District of Georgia, and these cases number in the hundreds.

The whole thing started back in 2013, when a former ski instructor by the name of Robyn Christiansen, from Utah, sued Wright because she said her hip implant caused her to suffer tissue damage after the implant came loose. She got the implant after speaking with her doctor in 2006, and she was provided info about Wright. She said Wright Medical group claimed that their metal device was better than devices made with a polyethylene lining, and that their device would actually last longer.

The woman is only one of around 2,000 people who have filed a complaint against the company, and these people have claimed they have received defective hip implant systems. As for when Christiansen filed her lawsuit that was back in 2013, which was seven years after she got her implant. As previously mentioned, the jury came back with a verdict that included $10 million in punitive damages and $1 million in compensatory damages.

The complaint says Christiansen got the implant in 2006 because she was provided with info by Wright Medical group, who claimed their design, which was metal on metal, was better than designs that featured a lining made with polyethylene. She started to feel pain in her right hip, while she was exercising in 2012 and then she went in for surgery because her doctor thought there was a loose component, but the doctor found out that the soft tissue was damaged due to metal debris, which was causing her hip to fail. Her counsel wrote that she was a ski instructor for more than 40 years and now she cannot do the things she once enjoyed, due to her limits to do things, which includes activities such as hiking and water-skiing.

In most states, people are provided with legal claims, as well as the right to be compensated after they have been injured due to a defective medical device, or if the device doesn’t perform as it was advertised. Patients who have suffered injury can file a lawsuit and seek compensation. This includes compensation for the cost of the surgery (replacement), as well as for medical expenses they endured and pain and suffering. They can also fight to be compensated for lost future wages, lost past wages, as well as punitive damages.

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Hyundai News And Updates

Hyundai is in the process of having to prepare to defend a lawsuit against defective automobiles. It claims that the panoramic sunroofs in its vehicles shatter without warning. According to the hyundai news the lawsuit has been filed by Billy Glen, on behalf of himself and others who have been affected. The lawsuit is specific to a time period during the mid-2000’s when manufacturers brought in a much larger type of “panoramic” sunroof which was almost as big as the roof of the vehicle. This was a trend in the industry at the time.

The lawsuit was filed in California, and it accused the company of not having precautions in place that would have protected drivers. It also states that drivers were never told that the glass could break without warning.

It should be noted by hyundai news that Hyundai did recall twenty thousand cars between 2012 and 2013, based on the possibility of a defect. But the claimant says that the company did not take action to warn customers and drivers about the defect.

It has been said the sound of the shattering glass was so powerful that it sounded like a gunshot, and startled drivers. As the glass shattered on their heads, the danger level was extreme, and even more so when drivers were traveling at high speed.

There are a number of models which have this defect, including Hyundai’s 2011 to 2015 Sonata, Tucson and Veloster, as well as a number of others that have been added to the lawsuit.

According to the hyundai news, it is claimed that there have been over one hundred complaints about the sunroofs (to the U.S. National Highway Traffic Safety Administration alone), and also that an investigation produced findings that stated the sunroofs were known to be suspect and would shatter. It was said that the main reason was due to the ceramic tint in the glass.

Even based on this evidence, Hyundai has still failed to contact drivers to warn them of this defect, and the risks associated with a shattering sunroof. They are still selling these defective cars, even after the many complaints from customers. This is the reason behind the lawsuit, as noted by the person filing.

The lack of action actually violates California’s consumer protection law which means Hyundai is in breach of any warranty obligations. Billy Glen, the man filing the lawsuit, said that his own panoramic sunroof shattered during a routine drive, without any warning. This happened just six months after he purchased the vehicle from a licensed dealership in Alabama.

After being given a replacement sunroof by the company, that replacement also shattered without any previous signs or warning. This happened just 1 month after it was fitted, Glenn claims.

His claim also cites how many other complaints were submitted with the NHTSA, and all those complaints related to the sunroof issue, specifically how it shattered just a few months after being purchased.

Glenn claims that based on how often the same issue occurs, it must have been known by hyundai news, as the company is known to make extensive studies in the working of its vehicles. There are also many testing phases that were undertaken before the cars were produced, claims Glenn.

Glenn wants to have customers across the US included in his claim. The damages are not specified but are likely to be in excess of five million dollars, as well as an injunction for the car company to contact all customers.

Another manufacturer facing a potential lawsuit relating to sunroofs that shatter is Kia Motors America.

That lawsuit, launched in late June, has claims close to the one against Hyundai. Specifically, the manufacturer knew about the defect for a long time and did not inform customers and drivers.

The outcome of the lawsuit will be eagerly anticipated by consumers and car manufacturers alike, as there will be knock-on effects for both camps of people. It could signal new changes in the way sunroofs are made, and will certainly have an effect on consumer behavior.

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Have You Been Injured By No Fault of Your Own? Then You May Need A Personal Injury Attorney

Hiring personal injury attorney costs money. However, when you have been injured through no fault of your own, and you are dealing with an insurance company, it may be necessary to retain the services of a personal injury attorney. Their skills, and the intimidation factor of having someone with experience on your side, can make all the difference. The reasons why you decide to hire a personal injury attorney may vary. For example, perhaps the insurance company is simply not giving you a fair deal. However, when it comes to certain accidents or injuries, you really must hire a personal injury attorney to help you.

Injuries that Lead to a Disability

Some people feel the effects of accidents long after they happen. You may find that physically you are not as capable as you were before. This may go away over time or it may stay with you forever. Putting a dollar value on your suffering is not easy. A lawyer can help you with this process to ensure that you get the monetary compensation you deserve.

Serious Injuries

How much money you receive for your claim is dependent on the type of injuries you sustained. Several factors are taken into consideration when determining the severity of your injuries. Your medical bills, for example, are examined. Your recovery time is also taken into consideration. As your case becomes stronger, there is a larger range within which you may receive a settlement. A personal injury attorney is very helpful in these situations. He or she can manage your claim and help you get the most money possible for your injuries.

Malpractice Lawsuits

If your injuries are related to a medical service that was performed on you, there are very complicated rules involved. In these situations, a patient was injured as a result of carelessness or unprofessional treatment by a medical professional, like a doctor or a nurse. A personal injury attorney is essential in these situations, and it is important to seek out someone that has experience with malpractice suits.

No Settlement

No matter how strong your case, sometimes the insurance company just does not want to pay you. Or, they may not want to give you a fair settlement. In these instances, regardless of your injury or how much evidence you have gathered on your own, it is important to hire a lawyer to stand by your side. While you will have to pay the personal injury attorney, you have a much better shot of getting a good settlement and coming out on top in the end.

Hiring a Competent Personal Injury Attorney

Getting recommendations from people you know is the best way to hire a good personal injury attorney. Once you have a few people to pick from, set up interviews so you can get to know the attorneys. Lawyerfocus also can give you information on different lawyers.

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Comparative Negligence In Personal Injury Lawsuit

Personal injury lawsuit takes place when a person who was injured in an accident files a lawsuit against the person or business responsible for causing the accident. For instance, if a driver runs into another car and the accident is deemed to be totally their fault, they may be held liable for the damages incurred by another driver. Likewise, if a business fails to properly maintain their sidewalk during the winter and someone slips and falls on the ice outside, the person could sue them to recover money for any related medical expenses.

In some cases, however, assigning blame for the accident is not so cut and dry. Oftentimes, both parties contribute to the accident in some way. For instance, perhaps one driver ran a red light while the other driver pulled out into traffic too soon. In these cases, a legal rule known as comparative negligence comes into play.

With comparative negligence, a judge or jury decides how much at fault each party was. In the above example, for instance, they may determine that the driver who ran the red light was approximately 70% at fault while the driver who pulled out too soon was only 30% at fault.

These percentages determine how much money each party can recover from the other in personal injury lawsuit. For example, imagine that the driver who was 30% at fault incurred $50,000 in damages as a result of the accident. They could only recover 70% of those damages, which comes out to $35,000, from the other driver. The other driver, on the other hand, could only recover 30% of the damages they incurred since they themselves were found to be 70% at fault.

Some states have restrictions on how much at fault a person can be in order to recover money from the other party. In most cases, the cutoff point falls at 50%. That means that if a person was more than 50% responsible for an accident, they can’t recover any money from the other party. This is known as modified comparative negligence.

Other states take it even further, preventing people from recovering any money if they are found to have contributed to the accident in any way. This is known as contributory negligence. In states that use this system, even if a person is only 1% responsible for the accident, they can’t recover any money from the other party. There are only a few states that still use this restrictive rule.

A personal injury lawyer can help you determine whether or not you are eligible for compensation under the rules in your state. Ideally, your lawyer will be able to help you mount a successful personal injury lawsuit against the other party so that you can recover at least a portion of any damages that you incurred.

Understanding comparative negligence in personal injury lawsuit is a little bit tricky. There are so many different factors that come into play that it can get a bit confusing. Our lawyers are able to answer any questions you may have regarding the amount of compensation you are eligible to receive.

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