August 2009

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$5,350,000
Jury awards a Burg Simpson client $5.35 million for Bad Faith Breach of Insurance Contract.


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Jury award to Englewood company to total more than $1 million for breach of fiduciary duties in Shareholder Class Action Case.


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Global settlement with Eli Lilly and Company regarding its product Zyprexa negotiated by a plaintiffs' attorney group including members of Burg Simpson.


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Hines, et al, vs. Cody Gas Company, et al: verdict for injuries, damages, losses from gas explosion.


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« Ten Patients have Tested Positive for Hep C in Denver | Main | Burg Simpson Eldredge Hersh & Jardine, PC Files Federal Complaint in the Southern District of Ohio Against Covidien, Inc. »

BURG SIMPSON FILES CASE AGAINST DEPUY ORTHOPAEDICS, INC., FOR DEFECTIVE MEDICAL DEVICE

In January 2009, the attorneys at Burg Simpson Eldredge Hersh & Jardine, PC, filed a complaint in Federal Court in the Southern District of Ohio against DePuy Orthopaedics, Inc. for failure of its Limb Preservation System. According to DePuy’s website, its Limb Preservation System is designed to be used in situations involving malignant tumors (e.g., osteosarcomas) where extensive resection and replacement of the femur and tibia bones is required.

The complaint alleges that Plaintiff suffered injuries when his Limb Preservation System failed and he had to undergo surgery to replace the tibial hinge insert portion of the System. Less than six months later, the Limb Preservation System failed again and Plaintiff had to undergo another surgery. Plaintiff’s physicians decided to remove the entire DePuy device and replace it with a similar device manufactured by a different company.

Plaintiff’s complaint seeks damages from DePuy for the injuries, expenses, and pain and suffering caused by, among other things, DePuy’s faulty design and manufacture of the Limb Preservation System and distribution of a medical device that is dangerous to health when used in the manner prescribed.

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