Cochlear shares fall as profit misses forecast

According to the The Australian, prices per share of Cochlear (ASX: COH) fell more than $1.50, or 3%, after failing to meet profit forecasts.  Cochlear is the world’s largest supplier of cochlear implants, supplying 70% of the world market.

A chief competitor? Advanced Bionics, making of the HiResolution 90k (HiRes 90k) bionic ear system, recalled because of moisture issues.

For more on Advanced Bionics’ cochlear implant litigation, visit HERE.

If you believe you have been injured as a result of a defective Advanced Bionics cochlear implant, e-mail us today by clicking HERE.

More bus safety needed?

A string of recent bus crashes in Nevada, Mississippi and Texas have brought the issue of bus safety to the forefront of political discussion this week. Senate lawmakers are calling for legislation, known as the Motorcoach Enhanced Safety Act, which would require bus operators to install enhanced safety features on their vehicles. However, calls for reform of the bus industry have largely been met with resistance from federal regulators. 

Why would there be resistence to making sure busses are safe?

Read more HERE.

Reconsideration of 9/11 Order

I last blogged on the 9/11 controversy and judge’s ruling to strike settlements HERE.

Not unexpected, and according to the Associated Press, lawyers for the families of four 9/11 victims are urging a judge to reconsider his decision to reject $28.5 million in settlements he now says are excessive compared with those other survivors received. According to the motion for reconsideration filed, the families’ counsel argued that ”vacating settlements which were previously approved for these families has rubbed raw the wounds of Sept. 11. It has caused severe upset, disappointment and, for some, anger.”

You can read more HERE.

“Never Events”

As a resource, the following are deemed as “Never Events” per the U.S. Government. In other words, these acts should never, never, never happen when you are receiving medical care.

1. Surgery on the wrong body part.
2. Surgery on the wrong patient.
3. Wrong surgical procedure performed on a patient.
4. Object left in patient after surgery.
5. Death of patient who had been generally healthy during or immediately after surgery for a localized problem.
6. Patient death or serious disability associated with the use of contaminated drugs, devices or biologics.
7. Patient death or serious disability associated with the misuse or malfunction of a device.
8. Patient death or serious disability associated with intravascular air embolism.
9. Infant discharged to wrong person.
10. Patient death or serious disability associated with patient disappearing for more than four hours.
11. Patient suicide or attempted suicide resulting in serious disability.
12. Patient death or serious disability associated with a medication error.
13. Patient death or serious disability associated with transfusion of blood or blood product of the wrong type.
14. Maternal death or serious disability associated with labor or delivery in a low-risk pregnancy.
15. Patient death or serious disability associated with the onset of hypoglycemia, a drop in blood sugar.
16. Death or serious disability associated with failure to identify and treat hyperbilirubinemia, a blood abnormality, in newborns.
17. Severe pressure ulcers acquired in the hospital.
18. Patient death or serious disability due to spinal manipulative therapy.
19. Patient death or serious disability associated with an electric shock.
20. Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by toxic substances.
21. Patient death or serious disability associated with a burn in the hospital.
22. Patient death associated with a fall suffered in the hospital.
23. Patient death or serious disability associated with the use of restraints or bedrails.
24. Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist or other licensed healthcare provider.
25. Abduction of a patient.
26. Sexual assault on a patient.
27. Death or significant injury of a patient or staff member resulting from a physical assault in the hospital.
28. Artificial insemination with the wrong donor sperm or donor egg

You can read more from the U.S. Centers for Medicare and Medicade Services HERE.

More states shred bills for awful medical errors

It’s good to see hospitals finally looking out for the injured.

In an almost slap in the face move to injured persons everywhere, hospitals (and states) are now agreeing to STOP charging patients for so-called “never events.” You know, for those times when physicians amputate the wrong limb, the patient will no longer get a bill.

Shouldn’t this have been common sense long ago?

You can read more HERE.

Statistics on HiRes90k implants

The Food and Drug Administration (FDA) estimates that 3,477 HiResolution90k (HiRes90k) cochlear implant bionic ear system devices with the Astro Seal component (vendor B) had already been implanted at the time of the 2006 recall. Of those an estimated 1,502 devices were implanted in children under 18 years old.

Symptoms

Possible symptoms of injuries include:

• Discomfort
• Ear pain
• Loss of sound
• Cracking, hissing and popping noises
• Sudden loud noises

For More Information

If you believe you, or a loved one, has sustained physical or emotional injuries as a result of receiving a defective supplier B HiRes90k cochlear implant, please call Ed Wallis today at (901) 527-4673, or send me an E-MAIL today for a free case evaluation.

Supplier B for HiRes90k cochlear implants

Who is the “supplier B” for HiRes90k cochlear implants. The company is Astro Seal, Inc. of Riverside, California.

Astro Seal allegedly made the feedthrus for the Advanced Bionics Clarion HiResolution 90k (HiRes90k) cochlear implant bionic ear system.

Actavis CEO stepping down

Actavis Totowa is recalling all of the generic drugs made at its Falls River, New Jersey manufacturing plant. The recall was prompted by the FDA’s inspection at the facility which revealed that operations did not meet the agency’s standards for good manufacturing practices. Actavis Totowa is asking pharmacies, hospitals and retailers to return the affected prescription medications.

In April, Actavis recalled Digitek tablets because some of the medication contained twice the active ingredient normally found in Digitek. According to the FDA, the Digitek defect could cause serious and even fatal digitalis reactions in users. The FDA deemed the Digitek recall a Class I recall, meaning that the defective Digitek tablets could cause serious health problems or death.

Just days after its U.S. division recalled all of its generic drugs, Icelandic drug maker Actavis Group announced that its CEO is stepping down.

Typical outrageous conduct by a pharmaceutical company.

For more information on pharmaceutical litigation, click HERE. Digitek recall information can be found HERE.

Ford can be sued again for deceit, says Judge

A federal judge has ruled that the family of a man killed in a Ford Explorer rollover accident can move forward with their lawsuit against the automaker.

As reported by Bloomberg:

James L. Haffey was killed in 1997 when the driver lost control of the Explorer after a Firestone Inc. tire broke apart. His family sued Ford and Firestone’s parent, Bridgestone Corp., claiming defects in the vehicle and tire. In 1999, the Haffeys settled with Ford for $500,000 and with Firestone for an undisclosed amount, said Tab Turner, an attorney for the family. In 2001, after reports linked Explorer rollovers to Firestone tire failures, the family filed a new claim. It argued Ford withheld evidence to settle for less than the case was worth. A federal judge in Mississippi dismissed the new suit in 2006. A U.S. appeals court in New Orleans reinstated it July 31, finding the family could sue Ford for deceit.

The lawsuit will allegedly seek $4.5 million in damages, the original amount sought in the case.

Class action over a Mustang?

Consumers who purchased a limited edition model of the Ford Mustang filed a class action lawsuit Monday claiming that the vehicle was not as limited as advertised. According to the lawsuit, Ford deceived buyers about the number of 2007 Roush Stage 3 BlackJack vehicles produced and their resulting value. While Ford said there would be only 100 of the $59,000.00 Mustangs manufactured, the lawsuit claims Ford manufactured 100 more Mustangs in 2008.

The suit seeks more than $12 million in damages on behalf of at least 100 plaintiffs.

You can read the Reuters report HERE.

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