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August 05, 2009

Burg Simpson Eldredge Hersh & Jardine, PC Files Federal Complaint in the Southern District of Ohio Against Covidien, Inc.

In April 2009, the attorneys at Burg Simpson Eldredge Hersh & Jardine, PC, filed a complaint in Federal Court in the Southern District of Ohio against Covidien, Inc., a manufacturer and distributor of medical devices, including surgical staplers. Covidien’s website indicates that the medical device at issue, its ENDO GIA Universal Stapler, “places two triple, staggered rows of titanium staples and simultaneously the knife divides the tissue in between. The instrument is designed for multiple use during a single surgical procedure . . . .”

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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.

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July 09, 2009

Ten Patients have Tested Positive for Hep C in Denver

Ten patients who underwent surgery at Rose Medical Center in Denver have learned they were infected with hepatitis C following their operations. The scrub tech responsible for the blood-borne disease exposure tested positive for Hepatitis C. Kristen Parson is facing charges of tampering with a consumer product and a $250,000 fine. She has admitted to the personal use of the Fentanyl filled syringes and filling the used ones with saline and swapping them. The arrest affidavit claims 5,000 patients may be at risk for exposure to the disease. Another 1,000 patients at the Audubon Surgery Center in Colorado Springs may also be at risk. Parsons was fired by Rose in April for failing a drug test, after she tested positive for Fetanyl. She went to work at Audubon where she worked from May 4 until July 6 where she was eventually fired.

July 08, 2009

Denver's Rose Medical Center is Latest Hep C Outbreak

Rose Medical Center in Denver is the latest site of a possible Hepatitis C outbreak. There are now 10 cases confirmed and It is thought as many as 5,700 patients were exposed by dirty needles. What makes this case unique is that irresponsible needle practices by trained technicians are not the cause of the outbreak. Instead a scrub tech stole syringes filled with Fentanyl, a narcotic, and then switched them with dirty saline-filled syringes. The scrub tech, Kristen Parker worked at Rose from October 21, 2008 until April. She was suspended April 13, and then fired after she failed a drug test by testing positive for Fentanyl. Kristen Parker is in federal custody and the U.S. Attorney's Office said she has admitted to stealing the Fentanyl filled syringes and replacing them with dirty used ones. If convicted of tampering with a consumer product and other charges, she faces up to 10 years in prison and a maximum $250,000 fine on the most serious charge of tampering. Hepatitis C is a blood-borne disease that can cause serious liver problems, including cirrhosis or liver cancer. The illness is treatable, but there is no cure. Symptoms can include nausea, diarrhea, fatigue, pain and jaundice.

Admitted Illegal Drug User Exposed Thousands to Hep C

Rose Medical Center is offering free testing for hepatitis C for patients who underwent surgery at the main hospital or the Wolf Building between October 21, 2008 and April 13, 2009 where a former technician may have exposed thousands. The technician, Kristen Parsons, is charged with switching her used dirty syringes, refilled them with saline solution, for ones containting the powerful painkiller and narcotic Fentanyl. Hospital officials said they were aware of Parsons Hepatitis C when she was hired. The Centers for Disease Control and Prevention estimates more than 8,000 people a year die from hepatitis C-related liver disease. The CDC also states that for every 100 people who contract the disease, 75 to 85 will develop a chronic infection. About 60 to 70 will develop chronic liver disease. About five to 20 will develop cirrhosis over a period of 20 to 30 years. Between one and five will die of liver cancer or cirrhosis.

July 03, 2009

Former Alabama Judge Charged with Legal Malpractice

In an unusual, and perhaps unique, development, an aggrieved party to a case has filed a lawsuit against the judge who presided over the case. The case involves the estate of a deceased individual who seemingly had no heirs and no will, where the Judge (with assistance from an attorney representing a friend of the deceased) awarded fees to both the attorney and the personal representative in the amount of $450,000 each.

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June 29, 2009

“I have had enough!”

Clearly the Denver judges couldn’t take the fighting between the attorneys anymore. After months of discovery warfare, the judge issued an order that the bad actors (the Defendants) would be held liable for the wage claims, leaving only the amount of the damages award to be determined. Pinkstaff v. Black & Decker (U.S.) Inc, (No. 09SA19, June 29, 2009). The Supreme Court reversed, holding that the trial court had adopted the harshest sentence first, rather than trying less drastic sanctions for the behavior. As the Supreme Court explained, courts are - first and foremost - a place to try claims on the merits, not to punish bad actors by way of defaults. The matter now goes back to the trial court for further proceedings. I wonder what the trial judge will try next.

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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, and Phoenix, AZ. The Firm is responsible for the content on the website, this information is not to be interpreted as providing legal services, nor as proposing any form of legal advice.

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