Multimillion Dollar ASR Hip Implant Verdict Upheld by Judge
If Johnson & Johnson (J&J) attorneys were expecting a Los Angeles judge to overturn a historic $8.3 million jury verdict for the plaintiff in the first DePuy ASR hip case to go to trial, they went home disappointed.
In March, a jury found that J&J’s DePuy Orthopaedics subsidiary had manufactured a defective metal-on-metal hip replacement device and failed to adequately warn patients about the risks of the hip implant. The plaintiff in the trial alleged that defects with the design of DePuy’s ASR hip had caused him to suffer permanent injuries.
The jury agreed and awarded him $8.5 million in damages. Attorneys representing DePuy asked the judge to overturn the verdict and grant a new trial, claiming that there was not enough evidence presented at the trial to justify the verdict.
The judge disagreed with that assessment and let the verdict stand. He said that based on the evidence, it was not unreasonable for a jury to conclude that the ASR hip device was defective and that DePuy had not adequately warned patients about potential complications associated with the implant.
There has only been one other case concerning the DePuy ASR hip that has gone to trial so far. An Illinois jury found for DePuy in that case. Currently, there are more than 10,000 cases pending in federal and state courts alleging similar complications with the metal-on-metal hip implant.
In 2010, DePuy issued a voluntary recall of its ASR product line. At the time, the company said the recall was not an admission that the devices were defective, but reflected a marketing decision. However internal memos made public during the trial indicated that DePuy knew there were problems with the ASR devices before the recall.
Recently, DePuy decided to phase out all of its controversial metal-on-metal hip products.
Do you believe you have suffered an injury due to a defective metal-on-metal hip device? Contact the experienced metal-on-metal hip implant failure attorneys at the Law Offices of Reneé J. Nordstrand. Our dedicated legal team is committed to seeking maximum compensation for our clients.
You can call the Law Office of Renee J. Nordstrand at our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 to discuss your legal rights.
Santa Barbara Law Enforcement Officials React to Proposed Lowering of DUI Threshold
The National Transportation Safety Board (NTSB) recently released a report in which it advocated that the nationwide threshold for blood-alcohol content (BAC) be lowered from 0.08 to 0.05.
The report pointed out that the U.S. is lagging behind other nations in the European Union that have already adopted the lower BAC. While overall DUI (driving under the influence) deaths in the United States have dropped substantially over the past several decades, the percentage of alcohol-related accident deaths compared to overall accident fatalities has remained fairly constant at about one-third — about 10,000 deaths a year.
A spokesman for the Santa Barbara Police told Noozhawk.com that he had no doubt that a lowered nationwide BAC would have the desired impact that it seeks. He said that Santa Barbara police take DUI enforcement very seriously and noted that there had been 39 DUI arrests in April and 49 in March.
A captain with the Lompoc Police stated that although his department has no official stance on the proposed change, “We’re not in favor of anybody driving impaired at any level.”
“Mothers Against Drunk Driving appreciates the National Transportation Safety Board for bringing the American public’s attention to the fact that drinking and driving continues to be a major problem on our highways,” the non-profit advocacy group said in a statement.
There are still too many injuries and fatalities caused by impaired drivers in the Santa Barbara and Los Angeles areas. If you have been injured, or if you have lost a loved one due to an impaired driver, the automobile accident attorneys at the Law Offices of Reneé J. Nordstrand can help you seek the justice you deserve. You may be entitled to compensation for medical expenses, lost wages, funeral costs and other damages
If you’ve been the victim of a negligent motorist, call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 for a free, no-obligation review of your case.
Lompoc Family Wants Justice for 8-Year-Old Injured in Crash
The family of an eight-year-old Lompoc girl who was struck by a car while playing in her neighborhood is demanding to know why the driver of the vehicle has only received a citation for the pedestrian accident.
It has been weeks since the crash, which left the little girl with two broken ribs, a broken collarbone, a sprained wrist, and a laceration to her liver. The family claims that the little girl also suffered brain trauma. She has not been back to school since the accident.
The family alleges that the driver of the vehicle hit the girl and then left the scene of the accident to run into her boyfriend’s house. Lompoc Police say that they do not consider the accident a hit-and-run, but that the case has been sent to the District Attorney’s office for review.
According to KCOY News, the family is still waiting to hear from the driver of the vehicle and wants her to pay for what she’s done.
“Why aren’t they helping us? Why aren’t they reaching out to our family? Where is the compassion for us? I just want answers,” the girl’s grandmother told KCOY News.
The driver was cited for cutting a corner too closely before striking the little girl, who was riding her scooter. Lompoc Police say that alcohol or drugs are not considered a factor in the crash.
The girl’s grandmother told KCOY News that she feels a citation isn’t enough for what’s been done. “It’s not fair,” she said.
If you or a loved one has been injured in a pedestrian crash, you can be faced with expensive medical bills and rehabilitation costs, loss of wages, and permanent disability. The pedestrian accident attorneys at the Law Offices of Reneé J. Nordstrand are dedicated to providing our clients with the experienced and compassionate legal representation they deserve. We promise to fight for your legal rights and will tenaciously seek the maximum compensation you will need to speed you on your road to recovery.
If you have questions about your case, call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 for a free, no-obligation consultation. We can also be contacted online. We are here to help you and your family.
Highway 101 Big-Rig Crash Suit Ordered to Mediation
The truck accident attorneys at the Law Offices of Reneé J. Nordstrand have learned that a San Luis Obispo Superior Court Judge has ordered the involved parties in a high profile personal injury lawsuit to engage in mediation.
We had reported earlier that a San Juan Capistrano family had filed a personal injury lawsuit against a trucking company and the estate of the deceased trucker involving a rear-end accident that left a mother and her two children injured and their BMW hanging precariously from a bridge on Highway 101 near Buellton. They were eventually rescued with the aid of a forklift.
It was later determined that the truck driver who rear-ended the BMW had methamphetamine and amphetamine in his system. He died in the crash.
The family claims that the occupants of the BMW suffered emotional distress and personal injuries as a result of the crash. They are seeking compensation for emotional damages, personal injuries and medical expenses.
By ordering the mediation, the judge basically told the parties involved to try to settle the suit out of court. Mediation involves negotiating a case with the aid of a neutral person. The family’s attorney told the Santa Maria Times that the family was not at the case management conference where the judge determined the case should go to mediation
Often, personal injury suits involving significant injury will end up in mediation. While both sides in mediation are generally there to settle, the process still takes time and requires the services of knowledgeable legal representatives who are looking out for your best interests. If your case goes to mediation, the personal injury attorneys at The Law Offices of Reneé J. Nordstrand fully understand the process and will always aggressively seek to get the compensation your family deserves.
Have you been involved in an accident caused by a negligent truck driver? Call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 for a free, no-obligation review of your case.
Two Bicyclists Injured During Collision on Highway 135
Officials are still trying to piece together what happened in an accident that left two bicyclists injured on Highway 135 in the Orcutt-Santa Maria area. One of the cyclist’s injuries was so severe that he was airlifted to Santa Barbara Cottage Hospital.
Details are still sketchy, but what is known is that the two cyclists were hurt in a collision with a vehicle in the afternoon. Two emergency vehicles arrived on the scene, plus a Cal Star helicopter was dispatched to ferry the more seriously injured bicyclist to the hospital. Highway 135 had to be closed for a period to allow the emergency helicopter to land
According to Noozhawk.com, the other cyclist suffered minor injuries and was transported to a local hospital by ground. A spokesman for the Santa Barbara County Fire Department said that the accident is still under investigation. There is no current word as to the condition of the more seriously injured bicyclist.
The bicycle accident attorneys at the Law Offices of Reneé J. Nordstrand in Santa Barbara have represented injured bicyclists and the families of bicyclists killed in bicycle accidents for more than a quarter of a century.
Our law firm has the resources to conduct an independent investigation of your accident and we are dedicated to aggressively pursuing all available avenues to assure that you get fair compensation when you have been injured in a bicycle accident caused by the negligence of another person.
It is important that you seek legal representation as soon as possible after you have been injured in a bicycle accident that was not your fault. Remember that a statute of limitations in California limits the time you will be able to file a personal injury claim, so you should seek our services sooner rather than later — even if you haven’t decided whether you want to pursue a legal remedy.
The Law Offices of Reneé J. Nordstrand offers you the experience you need to move your case forward and get the compensation you deserve. Call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 for a free review of your case.
Santa Maria Man Seriously Injured in Crash with Tractor-Trailer
The truck accident attorneys at the Law Office of Reneé J. Nordstrand have learned that it took Santa Maria rescue workers more than an hour to free a man from his pickup truck after he crashed into a tractor trailer. The semi allegedly pulled in front of him on the 700 block of South Blosser Road in Santa Maria.
The victim suffered serious injuries and had to be flown by helicopter to Santa Barbara Cottage Hospital. Authorities did report that the injuries appeared to be non-life threatening.
According to Santa Maria Police, the truck accident victim was heading north on Blosser Road in his 1998 Dodge Ram pickup when a big-rig pulled out of a private driveway on the east side of the street. A spokesman for the Santa Maria Police stated that the man attempted to brake, but could not stop his pickup in time and collided into the left side of the box trailer.
His vehicle was so mangled that firefighters reportedly had to use the Jaws of Life and a forklift to extricate him.
The driver of the big rig, a 50-year-old resident of Baja, California, was not injured. Santa Maria police questioned the truck driver and he was released from the scene of the accident. Police reportedly do not believe that drugs or alcohol were factors in the crash
While motor vehicle accidents come in all shapes and sizes, crashes involving passenger vehicles and commercial trucks can be particularly devastating, given the size and weight differences between the two types of vehicles. Therefore, there is a particular onus on truck drivers to be attentive on the road in order to prevent potentially deadly accidents with smaller vehicles.
If you believe you, or a loved one have suffered an injury due to a trucker’s negligence, it is time to seek knowledgeable and experienced legal council from Law Offices of Reneé J. Nordstrand. We understand fully what needs to be done to protect your legal rights, and we will fight tenaciously to see that you get the compensation you deserve.
When you need solid legal representation following an accident with a commercial vehicle, call our Santa Barbara office at (805) 962-2022.
Community Celebrates New Fence Near Isla Vista Cliffs
A section of an Isla Vista bluff at Walter Capps Park may have just gotten safer for members of the community.
In a ribbon-cutting ceremony that involved Santa Barbara County officials, members of the community, students from UC Santa Barbara and park personnel, a 390-foot fence at the park was officially unveiled. The hope is that the fence, which now provides a barrier between the public park and the cliffs overlooking the ocean, will help stymie a rash of falls that have left people injured or dead over the years.
Supervisor for the 3rd District, Doreen Farr, was at the unveiling and said that this last cliff barrier to be installed on Isla Vista public land was “a long time coming.” The project was collaboration between private groups, the UCSB Associated Students, the Isla Vista Recreation and Park District and Santa Barbara County parks. Private funding and donations were obtained to complete the project that had been stalled for several years.
This news comes on the heels of the death of a UC Santa Barbara student from Santa Rosa who reportedly fell to her death from an Isla Vista bluff last month following the break-up of a “Deltopia” party.
The property liability attorneys at the Law Office of Reneé J. Nordstrand applaud the erection of the fence designed to protect the public from falls that can result in serious injuries and death. One has to wonder, as the Supervisor for the 3rd District noted, why it took so long to happen.
Whether it is public or private land, it is a property owner’s responsibility to ensure that property is free from hazards that can result in injuries or death. If you believe you have suffered an injury, or if a loved one has been lost, due to a property owner’s negligence, you should contact us for a consultation and review of your legal options.
We can be reached at our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530. You can rely on our years of experience for sure-handed guidance to protect your legal rights.
UCSB Student Files Lawsuit in ‘Deltopia’ Balcony Collapse
A 21-year-old University of California at Santa Barbara (UCSB) student, who was injured after a balcony collapsed at a fraternity house during a Deltopia street party, has filed a negligence and liability lawsuit against the owner and the property manager of the residence.
The lawsuit claims that the student, a UCSB senior from Los Angeles, suffered a fractured pelvis when the balcony collapsed on her from above. At least 20 people were on the balcony when it failed and fell to the ground.
The suit contends that the property management company, Ronald Wolfe and Associates, and the Elliot Family Trust, which owns the property, knew there were long-standing problems with wood rot and termites in the balcony, but did nothing to rectify the problem. The student’s attorney told NoozHawk.com that the collapse of the balcony “wasn’t a question of if, but when.”
Reportedly, the young woman is still healing from her injuries and cannot work at her job as a lifeguard at the university. While the exact dollar amount the lawsuit is seeking has not been revealed, NoozHawk reports that the student’s medical bills have already surpassed $25,000 and that she has no medical insurance.
The property was insured and the plaintiff’s attorney speculates that many of those injured in the balcony collapse may have already signed agreements with the insurance company for small amounts of cash without realizing how serious their injuries may be.
“At the end of the day, we just want [our client] to be taken care of,” he told Noozhawk.
Have you suffered an injury caused by dangerous property conditions? The premises liability attorneys at the Law Offices of Reneé J. Nordstrand stand ready to represent you whether you have been injured at a private home, at a business or on public property. We are dedicated to getting you fair compensation for your injuries.
Do you have questions about your legal rights or how to continue with your case? Call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530. You don’t pay any legal fees unless we win your case.
Encino Man Arrested in Boating Death
A 16-year-old boy died in a tragic boating accident on Lake Pyramid, and police have arrested a 29-year-old Encino man and charged him with vessel manslaughter.
According to the Los Angeles Sheriff’s Department, the boy was riding a jet ski on July 1, 2012 when a boat driven by the Encino resident struck him. Allegedly, the boy had just left a “no wake” zone on the lake and was speeding up when his personal watercraft lost power and stalled. Officials report that the boy was almost immediately struck by the boat after he stopped.
The teen was rushed to a nearby hospital, where he remained for 40 days until he finally succumbed from his injuries.
The driver of the boat was arrested in April and is currently free on $25,000 bond.
In 2010, there were 570 reported boating accidents in the state of California. All in all, 283 people were injured and 49 people lost their lives in these accidents. Statistically, the majority of these accidents were caused by operator inattention, excessive speed, and operator inexperience.
As temperatures warm up and summer approaches, more and more people will be enjoying water recreation in Southern California. Unfortunately, since there is a lack of traffic signals and speed limit signs on the water, many boat and watercraft operators believe this gives them carte blanche to act recklessly. Couple that with operator intoxication and it is a recipe for disaster.
The boating accident attorneys at the Law Offices of Reneé J. Nordstrand understand that boating accidents happen for a variety of reasons and in a variety of contexts. If you’ve been injured in a boating accident due to the negligence of another person, it is important that you seek legal representation quickly. We are dedicated to protecting your legal rights.
We can be reached at our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530 or simply contact us online to arrange a free and confidential consultation. You do not pay any legal fees unless we win your case.
UC Santa Barbara Student Dies in Automobile Accident, Mechanical Failure Alleged
A 20-year-old UC Santa Barbara student is dead and the California Highway Patrol (CHP) is still trying to determine the cause of the fatal single-car accident that took her life on Highway 101 in the Santa Margarita area.
CHP reports that three young women were traveling from Santa Cruz toward Santa Barbara to attend a weekend music festival when, for some unknown reason, the 19-year-old driver lost control of her Mazda Protégé. The Mazda struck a bridge railing and rolled over.
The driver and another passenger were moderately injured in the crash. CHP reports that alcohol was ruled out as a factor in the accident, but there were some allegations of that mechanical failure may have had something to do with the deadly crash. A spokesman for the CHP said that it could not be corroborated yet whether mechanical failure was responsible for the accident.
The fatality victim was a San Marcos High School graduate and a resident of Santa Barbara. One San Marcos High School teacher described her as a great and creative student, and said that he was “incredibly saddened by the loss of such a gifted and extraordinary woman.”
The wrongful death automobile accident attorneys at the Law Offices of Reneé J. Nordstrand are saddened by the loss of this young Santa Barbara resident and offer condolences to her family. If mechanical failure of the automobile is at the heart of this tragedy, questions need to be asked. Was the automobile in question defective? Could this tragedy have been prevented?
If you believe you have lost a loved one due to a defective product, it is important to choose a law firm that has the financial resources and access to experts to properly conduct an independent investigation. The Law Offices of Reneé J. Nordstrand have successfully represented victims of negligence and are dedicated to seeing that your family gets the justice it deserves.
If you have questions about your legal options, call our Santa Barbara office at (805) 962-2022 or our Encino office at (818) 981-3530. Your case evaluation is free and you don’t pay unless we win your case.