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.

Read More

The General Damages Multiplier For Pain And Suffering Calculator

When you are pursuing compensation during a personal injury case, you and your lawyer will need to determine the amount of money by pain and suffering calculator, you deserve from the responsible party. To the untrained eye, it may seem that you can only receive compensation for the expenses you can prove through bills and receipts. These verifiable expenses are usually from medical and repair professionals.

In reality, the amount of compensation you are owed is usually not black and white. It is often greater than what you can prove through bills and receipts. Although the opposing lawyers and insurance company do not want you to know this information, it is critical to have all the pieces of information they use to help you receive the highest compensation amount possible for your case.

How Is My Compensation Determined?

Although each case is different, a basic formula for pain and suffering calculator is often used to help calculate the possible compensation you can receive after a personal injury case. The formula used to calculate the amount is similar to this:

(Dollar Amount) SD x GDM = (Dollar Amount) TCP

When broken down, the formula means the following:
Total dollar amount of Special Damages x the General Damages Multiplier (GDM) = the Total Compensation Paid (as compensation to the victim).

What Is Special Damage?

The first amount is called “Special Damages.” This is sometimes referenced as “Specials.” This is the total amount of your “black and white” or verifiable expenses attributed to your personal injury case.

This number typically includes lost property value, repair costs, medication costs, and medical bills, lost wages, out-of-pocket expenses, and other monetary expenses that can be proven to have occurred as a result of your injury or as a domino effect of your situation.

Once the total of all your bills, receipts, and other verifiable losses is calculated, this will be considered to be your Special Damages.

What Is A GDM?

Although everything considered as Special Damages is in black and white, which are verifiable expenses, the General Damages is a subjective measure used for each case. General Damages are commonly referred to as Pain and Suffering. The more pain and suffering in pain and suffering calculator, the higher your General Damages Multiplier is and the higher your compensation.

Since pain and suffering is subjective and its interpretation will vary based on the interest of the parties involved, the number will vary slightly. However, this can significantly affect your compensation.

The GDM is a figure between 1.5 and 5, and it is multiplied with your Special Damages to create a larger compensation amount. When filing a personal injury lawsuit, you are saying your losses are a direct result of another party’s negligence or action. Your GDM is increased the most by this magnitude of fault, combined with your pain and suffering.

When weighing your GDM, the basic considerations include in pain and suffering calculator:

  • Your amount and duration of pain and suffering
  • The disruption to your ordinary life
  • The amount of negligence and recklessness of the responsible party
  • Increased worry and stress
  • Missing or disrupted benefits from a family relationship
  • Long-term effects that caused loss of enjoyment
  • Emotional distress

Read More

Automobile Accidents: A Look at The Employers Liability

When an employee is in charge of a car during work hours, and is performing a work function, there could be employers liability involved if that person gets into an automobile accident. This typically comes into play with commercial vehicles or trucks, when the driver is at fault in an accident and the employer is sued as a result. Does the employer have to pay damages? This depends on whether the employer is found to be responsible for what happened.

Employers Liability

When can an employer be found liable for this type of car accident? There are two situations that apply as employers liability. One is if the employer was negligent and the other is called vicarious liability.

Employer Negligence

An employer can be found negligent if they hire an individual, with the understanding that the person will be driving a car, and they do not look into that person’s record to determine if they are equipped to operate the vehicle.

First, the employer needs to determine if the employee has a commercial license that is not expired or suspended for any reason. It is also a good idea for the employer to look into the employee’s driving record. A drug test may also be wise in this situation.

In addition, an employer can be found negligent if they do not supervise the employee properly. For instance, they must outline safety policies and check to see that everyone is in compliance with safety laws. For instance, if the employee is a truck driver, the employer needs to check to ensure that the drivers are in compliance with the logging requirements. They also need to ensure that the cargo is weighed and put on the truck in the right way. If the employer simply leaves these tasks up to the employee, without putting in a system of checks and balances, they could be found negligent in the event of an accident as employers liability.

Vicarious Liability

In this situation, the employer does not need to be negligent in order for them to be responsible. Vicarious liability means that what the employee does is basically the same as what the employer does. The employer is known as the “principle.” When they give their employees an instruction, and those employees act on that instruction, it is the same as if the employer engaged in the action themselves. However, in order for this to be the case, the employee has to be doing something for the employer when the accident occurs.

For instance, if the employee is asked to go and get printer ink, and he gets into an accident coming back from the store, the employer might be liable because the employee was completing a task based on the employer’s instructions. However, if the employee decides to stop at his house to pick up his lunch, and he gets into an accident on the way there, the employer likely will not be found responsible because he did not tell the employee to go to his house. In addition, the employer is not at fault if the employee decides to act badly out of his own free will. For example, if for some reason the employee determines that he wants to hit another car, and he does so, that is not the employer’s fault.

Hiring a Lawyer

If you think that employers liability applies in your case, speak to a lawyer as soon as possible. The attorney will discuss liability laws with you and will review whether they are applicable in your situation. They will also talk to you about how you can protect your rights, depending on what happened.

Read More