Stryker Corporation-Hip Replacement Lawsuit and Recall

Stryker Corporation a major world player in the manufacture of medical equipment and orthopaedic devices  on July 6, 2012 recalled two of its artificial hip implant products specifically the Rejuvenate Modular Hip Stem and ABG II Modular Neck Hip Stem systems. The company halted all world sales and production of these implant devices. Victims suffered severe metal toxicity leading to painful side effects like tissue and bone death at the implant site, pain, swelling, and inflammation in the surrounding tissue, and early device failure. 

Stryker is now faced with numerous lawsuits. The recall noted an “Urgent Field Safety Notice” to implant surgeons and hospitals because of the potential health hazards associated with the implants. The metal parts in the devices have a tendency to corrode and fret allowing the metallic components to flake off of the hip and into patient’s tissues, bones and/or bloodstream causing serious injury. The devices are made of chromium and cobalt, and the stems are coated with titanium metal. When these parts rub against each other where the neck meets the stem, they can shed metallic debris into the body leading to complications.

Interestingly both Modular Hip-Stem systems were mechanically tested and never tested in humans prior to being marketed. They were however allowed to go through a premarket notification clearance process with the U.S. Food and Drug Administration known as 510(k) clearance stating these Modular Hip Stems were substantially equivalent to other Stryker commercially available hip stems currently on the market. In July 2012 Stryker released a safety alert and recalled the Rejuvenate Modular Primary Hip System and the Stryker ABG II modular neck hip system.

Like all companies in the United States, it is Stryker's duty to provide safety and effectiveness safeguards when producing and marketing new medical devices. The Stryker Lawsuit focuses on the performance of these hip implants, particularly their tendency to cause tissue damage, corrode, and fail prematurely. Stryker failed to conduct clinical trials in order to establish these safeguards. Stryker knew or should have known that the product was inherently more dangerous than other available hip implants because of its risk of fretting and corrosion and premature failure rate with an increased need for additional surgeries. 

If you have a Stryker Hip replacement you should consult the Law Offices of Gerald R. Stahl. The types of injuries suffered by the recipients very greatly and the effect on every person’s life will be different. Some patients suffer more because of environmental factors and activities in their life. It is the uncertain future medical problems of the recipient's that require skilled representation.  The key will be to compensate the victims for their damage in the past, present and future.

The bottom line is that an attorney will allow the best chance at true compensation in the hip Implant debacle. If you decide to navigate it without counsel you will be subjected to a high degree of risk. You need counsel to eliminate the risk they will wrongfully refuse your claim. Stryker thru it's adjuster will access all your records and personal information in an attempt diminish your claim.  They would have the ability to inquire into unrelated medical problems.

If you have a hip implant, is important to contact an experienced personal lawyer who can help protect your legal rights while ensuring you receive the medical care and pain and suffering recovery. Gerald R. Stahl is licensed in 4 states Michigan, Colorado, Arizona, and Illinois. He has 33 years of experience in the area of helping victims of negligent conduct recover for their injuries. He is a member of numerous organizations including The American Association for Justice and he is a Fellow in the National College of Advocacy. Gerald R. Stahl is conveniently located on East Beltline in Grand Rapids near Knapp’s Corner and the 63^rd District Court. Call 616-456-7372.

Off duty police dog attacks Grand Rapids, Michigan women

A 60 year old registered nurse was attacked by a German Shepherd on arrival at a party held by an off duty police officer. The attack took place in Claire County, Michigan. The dog was allowed to freely roam a party of strangers at the officers home. In an unprovoked attack the dog lunged at her and took a large 4 x 8cm chuck of her skin with the bite. The victim was required to under go skin grafting at the burn clinic. Certainly these injuries will be permanent. Western Michigan Personal Injury Lawyer   

In Michigan, if a dog bites a person without provocation while the person is on public property, or lawfully on public property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten. This is regardless of the former viciousness of the animal.  Recovery for Dog Bites in Michigan.                                                                                                                        

It has not been explained what the policy of the police department is with respect to an officer bringing  these attack dogs home. Nor has there been an explanation of why the dog would be allowed to roam free at a party full of strangers. It is obvious that under Michigan Law the keeper of an animal is responsible for injuries caused by negligently handling a dog. Grand Rapids Dog Bite Lawyer.

Every driver should have uninsured/underinsured auto Insurance with high policy and the limits?

The fact is, that now more than ever, it is important for driver's to have good policy limits. That is, policy limits for bodily injury in case you cause an accident and injure someone. But what happens when you suffer devastating and life changing injuries in a car accident that is not your fault? Grand Rapids Auto Accident Lawyer Most people think, don't worry, I'll sue. Not so fast. What happens if the person who hit you only has $20,000.00 of insurance and no assets. Some people will get insurance off the internet and get the cheapest policy just so they can driver the off the lot. The only way you can protect yourself is with uninsured or under-insured motorist coverage.Uninsured and Under Insured Motorists in Michigan For instance, if you have uninsured motorist coverage of $250,000.00 and you are injured by someone with $20,000.00 policy limits, you can recover up to $230,000.00 from your policy. I see plenty of people who make the mistake of having low policy limits and later regret that decision.

Grand Rapids man on motorcycle involved in road rage causes serious injuries to innocent motorcylist

On June 19, 2013 in late afternoon traffic a 54 year old Rockford Michigan man got involved in road rage and reckless driving while traveling south on Northland Drive in Kent County. The 54 year old man lost control of his vehicle and crossed the center line medium directly into the path of a North bound oncoming motorcycle. The 40 year old women operating the Northbound motorcycle sustained numerous serious injuries and fractures including her pelvis, right femur, right arm, right hand and teeth. West Michigan Injury Lawyer She also sustained several contusions, lacerations and deep cuts. Grand Rapids Personal Injury Lawyer The case points out the great risk of injury that can occur to innocent driver's caught in or near a road rage incident.

Aaron Hernandez Investigation Will Take Time

After multiple botched investigations in high profile cases, such as, OJ Simpson and Jon Benet Ramsey, investigators will likely take their time investigating, Aaron Hernandez. Hernandez is certainly a person of interest in the death of semipro football player Odin Lloyd on June 18, 2013. Apparently, the two men were friends and Hernandez was one of the last people to see him alive. Odin was found shot to death approximately 1/2 mile from the Hernandez home. The police obtained a search warrant and have sent teams of investigators to the Hernandez. Search Warrant Requirements and Michigan Criminal Defense. 

The police have also sent Divers to a pond behind the Hernandez home, undoubtedly looking for a murder weapon. Although Hernandez has been rumored to have a hot temper, that certainly cannot be the basis for an arrest. The investigator's will be trying to piece together a circumstantial case using text messages, emails, and phone records. This process requires a lot of manpower and time. In the mean time, Hernandez is not saying much to the public. In my experience, more often than not a suspect will publicly deny their involvement. Grand Rapids Criminal Defense Lawyer

May I drive to and from day care under my Michigan Restricted Driver's License after a conviction for Drunk Driving or DUI?

In Michigan, after a Drunk Driving,  DUI, or OWI conviction a client will be faced with a restricted driver's license. The restricted license will permit the the person to whom it is issued to drive for several well defined purposes. See Restricted License conditions of driving.

One of the reasons a person can drive is for employment. That includes to and from a persons residence to their work location. And, it includes in the course of that persons employment or occupation. So, for instance a sales person can drive across the state, whatever hours necessary to call on a customer. This will include driving varied and late hours.

Recently a defendant argued that driving your children to and from day care or school is necessary to maintain your employment. That issue was addressed in the case of People v. Seeburger, 225 Mich. App 385, 1997. In that case, the defendant argued that the statute was intended to be permissive, and not restricted. Furthermore, as a single parent driving her children to and from day care is necessary to maintain  her employment.                                                                                                                                 

The Seeburger Court found that the Michigan Restricted License specifically delineates the those circumstances upon which an individual can operate their motor vehicle. Furthermore, that the Legislature intended to deter Drunk Driver's with specific circumstances upon which they can drive. Therefore, the court concluded it is not proper purpose to drive to and from day care or school. It would be up to the Legislature to change the Law.                                                                                                                                  

I believe this is a wrong interpretation of law with very negative consequences. I hope the Legislature changes this Law.

Gerald R. Stahl is an experienced Grand Rapids based criminal defense attorney. He has been representing people charged with Drunk Driving and DUI for over 31 years in all Western Michigan Courts. Gerald R. Stahl is conveniently located in Grand Rapids on East Beltline near Knapp's Corner and the 63rd District Court. See Michigan Drunk Driving Laws and Consequences.

Texting and driving results in harsh sentence.

In a landmark verdict a Massachusetts court convicted a teenage driver of vehicular homicide caused by his texting while driving. The Massachusetts Judge imposed the maximum sentence of 2 1/2 years in prison for the 18 year old driver. In his case, the facts indicated that he was texting while driving and crossed the center line killing a 55 year old father.  The outcome is not surprising to me. The Court is clearly trying to send a message. There is a great temptation to just give a quick response to a text while driving. But, as everyone knows one text leads to another and another. In Michigan it is illegal to text and drive provided that the car is in motion. Grand Rapids Driving Issues The Gerald R Stahl Law office represents people charged with DUI and other driving issues in Grand Rapids and the surrounding Counties. Grand Rapids DUI Defense.

Truck Driver failure to secure or routinely check load can contribute to flatbed accidents.

There are numerous flatbed semi tractors out on our highways. Flatbed trucks are entirely flat with no sides or roof, so securing the load properly is imperative. The reason flatbeds are used is for the quick and easy loading of non-perishable goods that the weather cannot damage. Flatbed accidents can occur thru strict negligence or when the load is improperly secured on top of the truck bed. If  improperly loaded materials breaks free and can create havoc to unsuspecting  motorist following behind the flatbed truck.
The law requires professional truck drivers to check their load frequently and at specified intervals. Federal Motor Carrier Administration. Improperly trained drivers, either by training or company policy may simply neglect to inspect their loads. The log books must reflect that the driver has checked  his load at the required intervals. If you have been injured in a flatbed truck accident or any other trucking accident, contact Gerald R Stahl. Michigan Truck Accident Attorney. Gerald R Stahl is experienced truck accident accident and auto accident attorney that that has been helping families  in Western Michigan and Grand Rapids for 30 years.

Michigan's Super Drunk Driving Law means stiff penalties for high blood alcohol {BAC} content drivers.

Beginning in October, 31, 2010 Michigan created a new law for people charged with Operating while Intoxicated or OWI. The new law is commonly referred to as "Super Drunk Driving or Operating with a High BAC. A driver can be charged with this enhanced form of drunk driving if their breathalyzer result is .17 or higher. Aggressive Grand Rapids Drunk Driving Lawyer The offense is still a misdemeanor but it carries substantially higher penalties if convicted. For Instance, a regular OWI is up to 93 days in jail but a High BAC offense is up to 180 days in jail. The fines and court costs are also higher. License sanctions are much srticter for a High BAC offense. Instead of a 6 month suspension for OWI, the Super Drunk Driver receives a 1 year suspension. And, no restricted license will be issued without proof of installation of a ignition interlock device. Additionally, there are other sanctions for the High BAC driver. If a driver is charged with a High BAC offense in Michigan it is important to seek counsel immediately to avoid these devastating sanctions. At the Law Offices of Gerald R Stahl, we routinely help drivers charged with Super Drunk Driving throughout all Western Michigan Courts. Our goal is get these charges dropped or reduced. Grand Rapid's Best Drunk Driving Defense Lawyer Gerald R Stahl is conveniently located near Knapp's Corner and the 63rd District Court in Grand Rapids. Serving Kent, Allegan and Ottawa Counties for your criminal defense needs.

Mandated Speed limiter in Semi Trucks would promote safety on Nations Highways.

Federal Motor Carrier Safety Administration believes that there are clear safety benefits to electronically govern the speed of semi trucks and commercial vehicles on the highway.Federal Motor Carrier Safety Administration Apparently, they have conducted studies through The  American Transportation Research Institute and another agency and found that there would be major benefits to safety if semi trucks were equipped with an active speed limiter. American Transportation Research Institute Speed obviously is a factor that impacts the death and serious injury rate in a commercial vehicle or semi truck accident. Grand Rapids Semi Crash Lawyer The American Transportation Association would like to see legislation to mandate these devises on as many trucks as possible. As an accident attorney, Gerald R Stahl has helped numerous people seriously injured in commercial vehicle and semi truck accidents. Grand Rapids Injury Lawyer The mandatory placement of a speed limiter in commercial vehicles is a good idea to promote public safety.

Top priority after injury in an auto accident is to seek immediate medical treatment.

A person injured in an auto or truck should always seek immediate medical treatment. Even if the injuries after an auto accident do not seem serious it is always better to get checked out. Grand Rapids Auto Crash Lawyer. The reason is that injuries are not readily apparent to a person after a startling or traumatic event like an auto accident. My experience is that many people injured in an auto accident tell me they actually feel worse days after the accident. Also, if you do not seek medical immediate attention, some insurance companies argue that your injuries must not be that serious or your injuries are not caused by the accident. The bottom line is that in Michigan under the Michigan No Fault Act  the insurance companies are required to pay your medical bills so make sure you are checked out if you are injured. Gerald R Stahl has been helping victims of car and truck accidents in Western Michigan since 1982.  Personal Injury Lawyer Grand Rapids

Why do I need an experienced criminal lawyer even for a misdemeanor case?

An experienced criminal lawyer will know the prosecutors, judges and court staff in the counties where he practices. This helps the lawyer give sound and practical advice as it relates to the specific charge in your case. For Instance, in the case of a Michigan DUI, a prosecutor may have a policy on whether or not he will offer a plea bargain to a lessor offense. Criminal Defense Kent County. A judge may have a history of giving jail on certain types of crimes, but he might offer alternatives if the defendant engages in counseling. When the experienced criminal attorney advises the client, the client is armed with knowledge of what to expect and how to achieve their goals. Gerald R Stahl has represented clients charged with DUI in Grand Rapids, Ottawa County, Allegan County, and Barry County for 30 years. Grand Rapids DUI.

Are DUI Sobriety checkpoints legal in Michigan?

In Michigan, and other states, the courts have struggled with the question of whether DUI Roadblocks, or sobriety checkpoints, are constitutional. The problem is obvious that the police are intruding upon your freedom by conducting a search and seizure without any probable cause. Grand Rapids Criminal Defense. The US Supreme Court has held that these checkpoints are constitutional under the theory that the police conduct is a minimal intrusion that is outweighed by the greater interest in keeping the public highways safe. Fortunately, the Michigan Supreme Court believes that sobriety checkpoints are a violation of The Michigan State Constitution. Several other states are agreeing with Michigan and protecting their citizens against unreasonable searches and seizures. Gerald R Stahl has been protecting the rights of people charged with Drunk Driving and Operating While Intoxicated in Grand Rapids, Michigan for over 30 years. Grand Rapids Drunk Driving Defense

Allegan County false report of a stolen vehicle a bad idea for accused drunk driver.

A report appeared in the paper that a women suspected of drunk driving crashed her vehicle and abandoned it then falsely reported to the police it was stolen. It seems like every 2 or 3 years a drunk driving client will come into the office with a similar story and always a great deal of remorse. The problem is that at first blush it sounds like a good way to avoid a drunk driving. The problem is there is a snowballs chance in hell that your car was stolen and everybody knows it. That being said, in Michigan, it is a felony to falsely report a felony. Grand Rapids Michigan Criminal Defense Lawyer Furthermore, if you falsely report a felony you get charged with the crime you report. Thus, in this instance you can be charged with auto theft. In Michigan, my experience the officers immediately know the story is false and advise the suspect of the law. Consequently, the story is normally retracted. Attorney Gerald R Stahl is a Michigan criminal defense lawyer practicing in Kent, Allegan, Barry and other surrounding counties. Allegan Michigan Criminal Lawyer

Semi truck blind spots can cause major accidents.

Trucking accidents in Michigan and other states are responsible for thousands of serious injuries every year. Grand Rapids Truck Accident Attorney There are many blind spots on a commercial big rig semi truck. Blind spots do allow the truck driver to see who is behind them. Therefore, a driver should never tailgate when behind a semi truck. Additionally a semi truck driver should never tailgate since they it takes longer to stop an eighteen wheel rig then a passenger vehicle. Also, when passing a semi truck a passenger vehicle should accelerate past the big rig and avoid staying in the truck's blind spot. Attorney Gerald R Stahl has helped people in injured in truck accidents in Michigan and other states for over 30 years. Allegan, Kent, and Ottawa Trucking Accidents.

Semi Truck maintenance critical to safety on the highway.

Consider for instance, the fact that semi tractor trailers have lost their wheels while driving down the highway.
If a truck losses a wheel, you can imagine the kind of devastating accident that may occur to an unsuspecting driver.Michigan Auto and Truck Accident Lawyer Truck drivers in Michigan and other states are required to routinely their wheels and tires. Additionally, the maintenance company and the truck company itself are required are to inspect their wheels. In Michigan, if you are injured in a truck accident caused by improper maintenance, you need to hire an expert immediately to determine the cause of the accident. In a wheel loss case, the cause may be that  all the lug nuts were not properly secure. A truck accident on Michigan highways may also occur if weak or substandard parts are used to make repairs. The bottom line is that every truck driver has a duty to inspect, repair, and maintain their semi truck under both Michigan Law and the Federal Motor Carrier Safety Regulations. US Department of Transportation Attorney Gerald R. Stahl has represented victims of trucking accidents in Michigan for over 30 years. Grand Rapids Michigan Truck Accident Lawyer

The arrest video of Michigan Rep Bob Genetski shows the difficulty in performing and passing drunk driving sobriety tests.

As a Michigan drunk driving defense lawyer I am often asked whether or not a drunk driving suspect should agree to take the roadside  field sobriety tests. I think the recent arrest of Representative Bob Genetski shows the difficulty in performing the tests. In reviewing the video evidence posted online, it shows the MSU police officer conducting 5 different tests on Genetski. Genetski consents to the tests. Although the officer conducts the nystagmus eye test for several minutes, the results cannot be seen on the video and are completely subjective. He is also asked to recite the alphabet and he does that perfect. The officer also makes him perform the one leg stand, count backwards and perform the heal to toe tests.Grand Rapids Drunk Driving Defense The shear amount of the field sobriety tests he was required to perform almost ensures he would fail. The fact is that the field sobriety tests in Michigan for drunk driving are designed to make the suspect fail. The realty  is even if you are completely sober no person can perform all the tests perfect. Every person is unique and has different capabilities.West Michigan Experienced Drunk Driving Lawyer Also, a police investigation for Operating While Intoxicated would make most people very nervous. The tests are designed to help the prosecutor gain additional evidence to obtain a conviction. Finally, since the officer is going to give you PBT anyway, why perform his field sobriety tests.Gerald R Stahl defends people charged with Drunk Driving or OWI in 63rd District Court, 61st District Court, 58th District Court, 57th District Court and other courts throughout Michigan.

How does the court calculate "Pain and Suffering" after a person is injured in an auto accident in Michigan?

There is no exact ruling or statute that can be applied to measure a persons pain and suffering after an auto accident in Michigan. The judge or jury is left to decide the monetary damages after hearing all the evidence and using there common sense and best judgment. However, a large portion of personal injury settlements or awards are for pain and suffering, embarrassment, humiliation, and disfigurement. These damages include mental anguish, fright and shock, and denial of social pleasure and enjoyment. Experienced Grand Rapids Michigan Personal Injury Lawyer In Michigan, pain and suffering awards  include damages for both the past and the future. You are also entitled to recovery for impaired earning capacity after a serious car accident in Michigan so long as you as the evidence shows that it is reasonably certain to occur. Although a serious personal injury may be obvious, the injured victim needs expert medical testimony to bolster and explain how injuries interact with the bodies functions and a persons lifestyle  in the future. Attorney Gerald R. Stahl is a Fellow in the National College of Advocacy and has been protecting the rights of injured victims for 30 years in Grand Rapids Michigan and other surrounding counties. Grand Rapids Michigan Auto Accident Lawyer

What are the penalties under Michigan's new " Super Drunk" Driving Law?

Michigan's new Super Drunk Driving Law is based upon the operator of a motor vehicle having a High Blood Alcohol content. ( BAC of .17 or higher). The teeth of this new law in Michigan is that the offender will be subject to harsher penalties than a regular charge of Operating While intoxicated. Specifically up to 180 days in Jail, up to $700.00 in fines and up to 360 hours of community service. Super drunk drivers in Michigan also face a drivers license suspension for one year. Michigan Super Drunk Driving Defense Lawyer. Additionally, you may request a restricted license after 45 days, but you must have an ignition interlock device installed in your vehicle. As usual, the Michigan Secretary of State will assess you a  $1,000.00 a year driver responsibility fee for 2 years. Many people in Michigan, including some Attorneys and Judges, feel that The Michigan Driver Responsibility law is wrong and subjects the defendant to double penalties. Grand Rapids Drunk Driving Lawyer, representing clients throughout all west Michigan counties.

Should police officers be allowed to use the "Nystagmus" eye test when when conducting drunk driving investigations in Michigan?

In Michigan police officers commonly use the "Horizontal Gaze Nystagmus", HGN,  eye test while conducting field sobriety tests during drunk driving investigations. The nystagmus test has been highly criticized as a valid indicator of intoxication because of claims it is unscientific and too subjective. This is despite the fact that the nystagmus test is a federally approved test. Although the federal guidelines call for officers to use objective scoring criteria, many officers do not understand the procedure for scoring. Basically, nystagmus refers to the involuntary jerking of the eyes. In conducting the nystagmus eye test the officer will use an object such as a pencil or finger and hold it approximately a foot away and move it left to right. Then, if the eyes jerk involuntarily, the officers claim that this motion is caused by excessive consumption of an amount of alcohol or narcotics. Doctors claim there are several other factors that can cause nystagtmus. A Michigan Bar journal article is highly critical of the the HGN test and other field sobriety tests. Horizontal Gaze Nystagmus Test It is also pointed out in the article that with the nystagmus test the video cameras will not show the defendants eyes so a jury will not get the benefit of an independent evaluation. Gerald R Stahl has helped individuals charged with Drunk Driving in Grand Rapids and the surrounding Michigan Counties for 30 years.Grand Rapids Drunk Driving Lawyer