Parker Waichman Alonso LLP News

Judge Rejects Motion to Dismiss in "YourLawyer" Trademark Infringement Case

Tue, 25 May 2010 00:00:00 -0700

A federal judge in New York has rejected a defendant’s motion to dismiss a trademark infringement lawsuit filed by Parker Waichman Alonso LLP. Parker Waichman is a national law firm that represents victims in mass tort lawsuits. It has offices in New York, New Jersey and Florida.

The lawsuit involves Parker Waichman’s trademark for Yourlawyer. Since 1999, Parker Waichman has used the domain name Yourlawyer.com to market its legal service. The firm also registered both Yourlawer and Yourlawyer.com with the United States Patent and Trademark Office. The marks are used in Parker Waichman’s web site, and is included on all business related documents, including letterhead and business cards.

According to Parker Waichman, its web site, www.Yourlawyer.com, receives, on average, about 6,000 visits per day. It has provided the firm with name recognition throughout the country, and facilitated the retention of many of Parker Waichman’s clients.

Orlando Firm, P.C., the defendant to the suit, is a law firm based in Georgia, with an office in New Jersey. Like Parker Waichman, it represents victims in mass tort lawsuits. In February 2007, Orlando registered the domain name Yourlawyer.tv. The domain name opens up the web site www.orlandofirm.com.

Parker Waichman learned of Yourlawyer.tv in early 2009. Parker Waichman submitted a complaint to the National Arbitration Forum (NAF), which determined that the firm was not entitled to relief, even though it found that the Orlando Firm web site was confusingly similar to Parker Waichman’s.

In August 2009, Parker Waichman filed suit in the U.S. District Court, Southern District of New York alleging trademark infringement and unfair competition on the part of Orlando Firm, P.C. In October of that year, the defendant filed a motion to dismiss on ground of lack of personal jurisdiction.

In an order dated May 14, 2010, U.S. District Judge Colleen McMahon denied the motion to dismiss. The judge found that Parker Waichman had made a prima facie case for personal jurisdiction, by showing, among other things, that Orlando Firm conducted business in New York when it made contact with and represented several New York clients in a Georgia lawsuit involving a 2007 peanut butter recall.

Scrutiny of Toyota Grows

Tue, 16 Mar 2010 00:00:00 -0700

The number of investigations Toyota faces over its recent recalls for problems involving unintended acceleration is growing. In addition to probes being conducted in Congress and by the National Highway Traffic Safety Administrion (NHTSA), several more investigations have been opened in recent weeks.

This month, the Los Angeles city attorney’s office began investigating Toyota. Assistant City Attorney Jeffrey Isaacs, who is in charge of the probe, recently told myfoxla.com that if complaints about malfunctions can be verified, “the city attorney is authorized by state law to file an unfair competition law action on behalf of the people of the state of California in which he could seek injunctive relief, civil penalties — which could be very large in this instance, depending on the number of incidents — and also, most importantly, restitution for victims.”

The Los Angeles city attorney’s office is urging members of the public who bought Toyota or Lexus vehicles over the last 10 years to fill out a form on the city attorney’s Web site — atty.lacity.org — and describe any incidents of sudden unintended acceleration, braking or steering problems.

While the U.S. Department of Justice won’t say one way or another whether it’s investigating Toyota, the automaker has confirmed that such probes are underway. According to the Tribune, Toyota has said that it was served with a subpoena from a federal grand jury in New York in February that asked for “certain documents related to unintended acceleration of Toyota vehicles and the braking system of the Prius.” That investigation could ultimately result in criminal charges.

Toyota has also been served with a subpoena from the SEC, relating to unintended acceleration and “the company’s disclosure policies and practice,” The Chicago Tribune said.

Toyota has indicated that it intends to cooperate with both of the subpoenas.

Since last fall, Toyota has recalled more than 8 million vehicles worldwide for problems involving sudden acceleration. Toyota has blamed the speed control issues on defective floor mats and faulty accelerator pedals, but some experts suspect that problems with the vehicles’ electronic throttle control system could really be behind the problems. Such suspicions have increased recently, as dozens of Toyota owners whose vehicles underwent recall repairs have recently complained that their vehicles are still experiencing problems with unintended acceleration.

As we’ve reported previously, five deaths in the U.S. have occurred in auto accidents involving the unintended acceleration of a Toyota or Lexus vehicle. Last August, a California Highway Patrol trooper and three members of his family were killed in such a crash in San Diego County, just south of Orange. At least 47 other fatalities over the past decade alleged to be the result of Toyota unintended acceleration crashes are currently being investigated by the NHTSA.

Parker Waichman Alonso Managing Partner Named to Chinese Drywall Plaintiffs' Steering Committee

Wed, 29 Jul 2009 00:00:00 -0700

Jerrold Parker, Managing Partner with Parker Waichman Alonso LLP, has been named to the Plaintiffs' Steering Committee (PSC) in the Chinese-Manufactured Drywall Products Liability Litigation (MDL NO. 2047) currently underway in U.S. District Court, Eastern District of Louisiana. Parker Waichman Alonso LLP filed the first Chinese drywall lawsuit in federal court earlier this year.

The PSC was appointed by Judge Eldon E. Fallon, who is presiding over the Chinese drywall MDL, in an order dated July 27, 2009. Judge Fallon appointed Arnold Levin to be lead counsel of the PSC. Plaintiffs’ Liaison Counsel, Russ Herman, was appointed as an ex-officiomember of the Committee. Other attorneys appointed to the PSC are:

Dawn M. Barrios
Daniel E. Becnel, Jr.
Victor Manuel Diaz Ervin
Amanda Gonzalez
Ben Gordon
Hugh P. Lambert
Gerald E. Meunier
James Robert Reeves
Christopher Seeger
Bruce William Steckler
Scott Weinstein

Appointments expire one year from the date of Judge Fallon's order, however appointees to the PSC may apply to be reappointed at that time.

The PSC will, among other things, conduct and coordinate the discovery stage of this litigation with the defendant’s representatives or committee. The PSC will also act as a spokesperson for all plaintiffs at pretrial proceedings and in response to any inquiries by the Court.

Jordan Chaikin, an attorney with Parker Waichman Alonso LLP, said the firm was pleased with Mr. Parker's appointment. "It is a tremendous honor and responsibility to be appointed to the Committee," he said. "We look forward to opportunity to represent Chinese drywall plaintiffs in this way."

In an order dated June 15, the U.S. Judicial Panel on Multidistrict Litigation consolidated all pending Chinese Drywall lawsuits filed around the country before Judge Fallon in the U.S. District Court for the Eastern District of Louisiana in New Orleans. On July 2, the Court issued Pretrial Orders regarding procedures for the transfer of cases, and appointing Plaintiffs' and Defendants’ Liaison Counsel. On June 9, a monthly status conference was held before Judge Fallon to consider issues raised by Liaison Counsel. The next monthly status conference will be held on Tuesday, August 11, 2009, at 9:00 a.m., CST.

Parker Waichman Alonso LLP Partner to Take a Lead Role in Denture Cream Lawsuits

Thu, 16 Jul 2009 00:00:00 -0700

Andres F. Alonso, Esq., a partner in the law firm of Parker Waichman Alonso LLP, and Scott Wm. Weinstein Esq., a partner in Morgan & Morgan P.A, were appointed Co-Lead Counsel to the Plaintiffs’ Steering Committee in the Denture Cream Products Liability Litigation.

Mr. Alonso has consistently obtained large verdicts and multi-million dollar settlements for his clients. Just this week Mr. Alonso received a 60 million dollar verdict in the New York State Supreme Court, Bronx County for his client.

Lawsuits against the makers of zinc-containing denture creams have been consolidated in a Multidistrict Litigation, and transferred to the Southern District of Florida (MDL 2051). This litigation is based on the premise that some denture creams/adhesives - including Fixodent ® and PoliGrip ® - contain zinc, which in excess, can deplete copper levels in the body and lead to serious neurological problems. A small amount of zinc is necessary for a balanced diet. However, being exposed to an excessive amount of zinc can result in serious negative adverse neurological effects. In August 2008, the peer reviewed journal, "Neurology" reported on four patients suffering from neuropathy and other neurological symptoms typical of zinc poisoning and copper depletion. It was determined that excess use of denture cream could have been responsible for their symptoms.

In an order filed on July 13, 2009, Judge Cecilia Altonaga, United States District Court for the Southern District of Florida appointed as Lead Counsel to the Plaintiffs’ Steering Committee in the Denture Cream Products Liability Litigation, Andres F. Alonso Esq., a partner in Parker Waichman Alonso LLP, and Scott Wm. Weinstein Esq., a partner in Morgan & Morgan P.A.

Co-Lead Counsel’s responsibility is to represent the interests of all plaintiffs who have alleged injury, or damages, as a result of using one or more of the various denture cream products on the market today. They will coordinate the activities of plaintiffs during pretrial proceedings and control, administer, and supervise the litigation.

Parker Waichman Alonso LLP is a leading national law firm concentrating primarily in negligence and personal injury matters, mass torts, defective pharmaceuticals and medical devices, products liability, construction and consumer litigation. The firm has offices in Florida, New York and New Jersey, and represents plaintiffs nationwide.

Bronx Jury Awards $60 Million in Medical Malpractice Case

Wed, 15 Jul 2009 00:00:00 -0700

A Bronx jury has awarded $60 million in damages to a woman in a medical malpractice case against a Queens County plastic surgeon for a botched thigh lift procedure. The plaintiff in the case, Allison Hugh of the Bronx, was represented by Parker Waichman Alonso LLP, one of the nation's premier plaintiffs' litigation firms.

Hugh's lawsuit alleged that the thigh lift procedure performed by Ferdinand A. Ofodile, M.D. caused significant and permanent injury and deformity to the labia of her vagina which cannot be surgically corrected. The complaint alleged Dr. Ofodile failed to inform and provide Ms. Hugh with informed consent and failed to inform her of the risks involved in this type of procedure, including the risk of vaginal opening and deformity. Dr. Ofodile also failed to use proper surgical techniques by leaving too much tension in the skin of her groin area, according to the lawsuit.

The jury found that Dr. Ofodile failed to appropriately advise Ms. Hugh about the risks of this type of procedure. It also found that he deviated from good and accepted medical practices in his surgical technique.

Ms. Hugh was awarded $10 million for past pain and suffering, and $50 million for future pain and suffering.

Ms. Hugh was represented by Andres F. Alonso, a partner in the law firm of Parker Waichman Alonso LLP. Mr. Alonso has consistently obtained large verdicts and multi-million dollar settlements on behalf of his clients.

Parker Waichman Alonso LLP is a leading national law firm concentrating primarily with negligence and personal injury matters, mass tort, pharmaceutical, medical device, products liability, construction and consumer litigation. The firm has offices in New York, New Jersey and Florida, and represents plaintiffs nationwide.

Mississippi River Oil Spill Class Action Lawsuit

Mon, 28 Jul 2008 00:00:00 -0700

Parker Waichman Alonso LLP has filed suit on behalf of two New Orleans residents who suffered damages as a result of the Mississippi River oil spill that occurred on July 23, 2008. The lawsuit, which was filed last Thursday in the U.S. District Court for the Eastern District of Louisiana, seeks class action status to benefit all New Orleans residents and inhabitants impacted by the Mississippi River oil spill.

The Mississippi River oil spill occurred at about 1:30 a.m., when a 600-foot tanker and a barge loaded with fuel collided. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. The barge’s owner, American Commercial Lines, immediately took responsibility for the oil spill. The barge was being towed by the tugboat the Mel Oliver. Last week, the US Coast Guard determined that no one on the Mel Oliver had the proper licensing for piloting a tugboat.

The Mississippi River oil spill class action lawsuit was filed by New Orleans residents Stephen Marshall Gabarick and Bernard Attridge. The lawsuit claims that following the oil spill, prevailing winds exposed residents and inhabitants of New Orleans to toxic fumes that were spread from the collision site to the French Quarter and Uptown. The lawsuit also alleges that heavy oil has caused serious environmental damage to the river, threatened sensitive wetlands, and forced closure of several communities' water intakes to prevent contamination of drinking water supplies.

Because the oil spill has resulted in the closure of an 80-mile stretch of the Mississippi River, the plaintiffs allege that the incident has caused and will continue to cause loss of income to individuals and businesses that are being prevented from using the waterway.

Defendants named by the Mississippi River oil spill class action lawsuit include Laurin Maritime, the Houston firm that operates the Liberian-flagged tanker MV Tintomara; that ship's owner, Gibraltar-based Whitefin Shipping Co. Limited; American Commercial Lines Inc., the Indiana company that owns the barge; DRD Towing, the Harvey company that owns the tugboat Mel Oliver; and the New Orleans-Baton Rouge Steamship Pilots Association, one of whose members was in command of the Tintomara at the time of the collision.

Under the Oil Pollution Act of 1990 (OPA), individuals and entities impacted by oil spills are entitled to compensation for property loss, loss of income and other damages caused by the incident. Parties deemed responsible for an oil spill are liable for such losses.

If you or a loved one suffered economic or other damages as a result of the Mississippi River oil spill, you have valuable legal rights. Please fill out our online form, or call 1-800-LAW-INFO (1-800-529-4636) to discuss your case with a qualified Mississippi River oil spill lawyer.

Class Action Status Requested To Benefit All Persons Who Reside in the State of Florida who Purchased, Consumed, Ingested or Used Recalled Baxter Heparin

Thu, 27 Mar 2008 00:00:00 -0700

Parker Waichman Alonso LLP Files Suit Against Baxter Healthcare Corporation and Baxter International, Inc. on Behalf of a Man Injured by Recalled Heparin

Class Action Status Requested To Benefit All Persons Who Reside in the State of Florida who Purchased, Consumed, Ingested or Used Recalled Baxter Heparin

Parker Waichman Alonso LLP and Becnel Law Firm, LLC announce that it has filed suit on behalf of a man who suffered an adverse reaction as a result of contaminated Heparin manufactured and distributed by Baxter Healthcare Corporation and Baxter International, Inc. Since November 2007, Baxter Heparin has been linked to serious and sometimes life-threatening allergic reactions in some patients. Serious reactions to the drug include difficulty breathing, nausea, vomiting, excessive sweating and rapidly falling blood pressure that can lead to life threatening shock. The lawsuit was filed in the US District Court for the Southern District of Florida (Docket Number: # 9:08-cv-80311-KAM).

David D'Amico, a resident of Florida, was administered Heparin distributed by Baxter International and Baxter Healthcare Corporation. D'Amico alleges that he suffered personal injuries as a result of the contaminated Heparin and also incurred substantial damages including, among other things, medical and hospital expenses, loss of income, and pain and suffering due to the negligence of Baxter International, Inc. and Baxter Healthcare Corporation.

Heparin is a vital drug used to prevent blood clots in dialysis patients and others. Sales of Baxter Heparin constitute roughly 50% of the market share in the United States. As early as November 2007, reports of adverse reactions to Baxter Heparin from 19 dialysis clinics in more than 12 states have been reported. According to the Food & Drug Administration (FDA), there have been 350 reports of adverse reactions to Baxter Heparin since December 2007, in contrast to 100 such reports the agency received in all of 2007. At least four of the reports since November, 2007 involved fatalities.

In January 2008, Baxter International, Inc. and Baxter Healthcare Corporation announced a recall of 9 lots of Heparin Sodium 1000 unit/mL vials for injection. In February, the FDA warned healthcare practitioners not to use Baxter Heparin products, and on February 29, Baxter expanded the Heparin recall to include all of its Heparin products sold in the United States. Since the Baxter Heparin recall, the FDA has confirmed that the active ingredient for Heparin that Baxter sourced from China had been contaminated with a chemical called over-sulfated chondroitin sulfate, a substance derived from animal cartilage. The FDA said that the chondroitin sulfate had been molecularly altered to mimic the blood-clotting properties of Heparin.

If you or a loved one suffered a serious injury after being administered Heparin manufactured by Baxter International, Inc. and Baxter Healthcare Corporation, please contact our office by visiting www.yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

About Parker Waichman Alonso LLP

Parker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in Florida, New York and New Jersey. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective drugs, tainted foods, medications and medical devices.

About Becnel Law Firm LLC

Becnel Law Firm LLC is a full service law firm representing clients both locally and nationally. Becnel Law Firm, LLC has been in existence for over 30 years and is one of the largest personal injury firms in the New Orleans area.

CONTACT: Parker Waichman Alonso LLP

                        Fred R. Rosenthal, Managing Attorney
                        (800) LAW-INFO
                        (800) 529-4636
                        info@yourlawyer.com
                        www.yourlawyer.com

Slain child's father sues Nassau for negligence

Fri, 29 Feb 2008 00:00:00 -0800

The father of Jewell Ward, one of the three children allegedly killed in their New Cassel home Sunday by their mother, is suing Nassau County, claiming its "negligence, carelessness and recklessness" led to a failure to prevent the tragedy.

Rickey Ward, of Hempstead, who is being represented by the Mineola firm of Parker Waichman Alonso, filed a notice of claim that he will seek $50 million. The notice names Nassau County, its Child Protective Services, and its Department of Social Services as the defendants.

Nassau County Attorney Lorna Goodman said she could not comment on pending litigation.

Attorney Andres Alonso said the suit's initial goal is to require Nassau investigators to preserve, and eventually make available, all evidence in the death of Ward's 6-year-old daughter, as well as the girl's two slain younger brothers. The father of the two younger children, Michael Demesyeux, 5, and Innocent Demesyeux, 18 months, is also named Innocent Demesyeux.

Ward's attorneys contend that the county bore some responsibility in the deaths by not sharing information among agencies regarding Brewer's criminal and mental health history, and by not sending a CPS worker to the home on Saturday after receiving calls from Innocent Demesyeux claiming that Brewer was using drugs and threatening to harm the children.

Ward's attorneys said that had the county agencies done their jobs, the children would have been removed from the home and alive today.

"In doing nothing, they sacrificed these children," Alonso said. "This woman was a ticking time bomb, and they ignored her."

Medtronic Sprint Fidelis Defibrillator Lead Lawsuit Claims Center Opens to Aid Victims - Free Case Review by our Medtronic Lead Injury Lawyers and Attorneys for a Potential Lawsuit.

Wed, 24 Oct 2007 00:00:00 -0700

Keywords: Lawsuit | Medtronic | Lawyer | Lead | Fidelis | Attorney | Recall | Injury

Parker Waichman Alonso LLP Announces Opening of Dedicated Claims Center To Evaluate Numerous Possible Lawsuits Related to Defective Sprint Fidelis Leads Used With Medtronic Implantable Defibrillators.

(New York) October 24, 2007 – The defective Medtronic Sprint Fidelis Defibrillator Leads were implanted into hundreds of thousands of people, leaving all of them at risk for serious injury if a Sprint Fidelis Lead fractures. As a result of this, Parker Waichman Alonso LLP has opened a dedicated Claims Center within their office to review the potential lawsuits of people who were implanted with defective Sprint Fidelis Leads used with Medtronic defibrillators.   Medtronic suspended sales and recalled all unused Sprint Fidelis Leads on October 15, 2007 after receiving reports of at least 5 fatalities linked to lead fractures. Parker Waichman Alonso LLP recently filed a lawsuit on behalf of a man who had to undergo a dangerous and life-threatening surgical procedure after a Sprint Fidelis Lead fractured. Parker Waichman Alonso LLP is seeking class action status for this lawsuit to represent all persons in the United States who were implanted with defective leads manufactured by Medtronic, Inc.

If you or a loved one received a Sprint Fidelis Lead with a Medtronic implantable defibrillator, please contact our claims center by visiting www.yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

The Sprint Fidelis Lead is a wire that is used to attach a Medtronic implantable defibrillator to the heart.   The Sprint Fidelis Lead was first introduced by Medtronic in 2004, and has been used with most of the company’s implantable defibrillators since then. This component is used in cardiac defibrillators -- or complex devices with defibrillation capacity -- and not in conventional pacemakers. Some patients with congestive heart failure use devices that include this defibrillation ability, and those are among the machines that use the Sprint Fidelis Lead.

Medtronic’s Sprint Fidelis Leads have been shown to have a continuing fracture problem. This defect can cause the defibrillators to deliver a massive and painful electrical shock, or it can cause the device to fail to administer a lifesaving shock when necessary.   Such defects were discussed in an article written by doctors at The Minneapolis Heart Institute, one of the premier heart institutes in the world.   The researchers at the Minneapolis Heart Institute compared data regarding lead failures in both the Sprint Fidelis models and Medtronic’s earlier Sprint Quattro models. The study found the thinner Sprint Fidelis Lead had a higher chance of fracturing than the Sprint Quattro. According to Medtronic’s own estimate, approximately 2.3%, or 4,000 to 5,000 people with a Sprint Fidelis Lead will experience fracture within 30 months of having a defibrillator implanted.

When a Sprint Fidelis Lead fractures, a patient must undergo a surgical procedure that can tear and scar the heart tissue and veins through which the Sprint Fidelis Lead wire runs.   The surgery to replace a defibrillator lead wire is far riskier than having the device itself replaced.

About Parker Waichman Alonso LLP:
Parker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in New York and New Jersey. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective products, drugs and medical devices.

For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

CONTACT:    Parker Waichman Alonso LLP
                  David Krangle, Esq.
                  (800) LAW-INFO
                  (800) 529-4636
                  info@yourlawyer.com
                  www.yourlawyer.com

Parker Waichman Alonso LLP, along with Smith & Nevares, Salas & Co. and Becnel Law Firm, LLC, File Suit against Medtronic Inc., Medtronic Puerto Rico, Inc., and Medtronic Puerto Rico Operations Co. on Behalf of Man Injured by Defective Sprint Fidelis Lead

Wed, 17 Oct 2007 00:00:00 -0700

Parker Waichman Alonso LLP, along with Smith & Nevares, Salas & Co. and Becnel Law Firm, LLC, announce that they have filed a lawsuit on behalf of a man who had to undergo a dangerous and life-threatening surgical procedure after a component of his Medtronic implantable defibrillator called a Sprint Fidelis lead fractured. The victim is bringing this action on his own behalf and as a representative of a class consisting of all persons who reside in the United States and were implanted with a lead manufactured by Medtronic, Inc., except those individuals whose Medtronic lead have malfunctioned. The suit was filed on behalf of the victim in the United States District Court for the District of Puerto Rico (Docket number: 07-1971).

If you or a loved one believes that you were injured as a result of a Sprint Fidelis lead used with a Medtronic implantable defibrillator, please contact our office by visiting www.yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

The Sprint Fidelis lead is a wire that is used to attach a Medtronic implantable defibrillator to the heart.   The Sprint Fidelis lead was first introduced by Medtronic in 2004, and has been used with most of the company’s implantable defibrillators since then. To date, Sprint Fidelis leads have been implanted in 235,000 patients. This component is used in cardiac defibrillators -- or complex devices with defibrillation capacity -- and not in conventional pacemakers. Some patients with congestive heart failure use devices that include this defibrillation ability, and those are among the machines that use the Sprint Fidelis lead.

According to the lawsuit, the victim, a resident of Kentucky, received a cardiac pacemaker/defibrillator combination (an “ICD”). The ICD was attached to his heart with a Sprint Fidelis lead wire system manufactured by Medtronic on March 25, 2005. On June 22, 2006, the lead had to be surgically removed in an emergency procedure after it was found to be “frayed” in the nature of a fracture.

Those patients whose Sprint Fidelis lead fractures must undergo a dangerous surgical procedure to have the wire replaced. The procedure could cause tearing and scarring of the heart and veins through which the Sprint Fidelis lead wire runs.   The surgery to replace a defibrillator lead wire is far riskier than having the device itself replaced.

Defibrillator leads are one of the devices most fragile components Since the Sprint Fidelis lead was introduced to the market in 2004 it has become evident that a significant portion of the leads have potentially fatal defects. Such defects were discussed in an article written by doctors at The Minneapolis Heart Institute, one of the premier heart institutes in the world, based on a study of the incidence of lead failures in the Sprint Fidelis models compared to the Sprint Quattro models. Researchers at The Minneapolis Heart Institute found that, between September 2004 and February 2007, 583 patients were implanted with Sprint Fidelis Model 6949 leads and nine patients received other Sprint Fidelis models. During that time, six patients experienced Sprint Fidelis Model 6949 lead failures. The failed Sprint Fidelis Model 6949 leads had been implanted by various electrophysiologists, cardiologists and thoracic surgeons. The average time to failure was fourteen months (based on a range of four to twenty-three months). Medtronic first notified physicians in March 2007 about the high fracture rate of the Sprint Fidelis lead.

In October 2007, Medtronic suspended sales of the Sprint Fidelis lead used in its implantable defibrillators after an analysis of the company’s data showed that the lead had a continuing fracture problem. This defect can cause the defibrillators to deliver a massive and painful electrical shock, or it can cause the device to fail to administer a lifesaving shock when necessary.   According to Medtronic’s own estimate, approximately 2.3%, or 4,000 to 5,000 people with a Sprint Fidelis lead will experience fracture within 30 months of having a defibrillator implanted.   At least 5 patient deaths have been attributed to defective Sprint Fidelis leads.

About Parker Waichman Alonso LLP:
Parker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in New York and New Jersey. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective products, medications and medical devices.
For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

CONTACT:    Parker Waichman Alonso LLP
                  David Krangle, Esq.
                  (800) LAW-INFO
                  (800) 529-4636
                  info@yourlawyer.com
                  www.yourlawyer.com