For the Plaintiff Blog

Cory Watson Crowder & DeGaris August 11th, 2011

Cory Watson Crowder and DeGaris is representing plaintiffs in a class action lawsuit that sheds light on a Hilton Hotels practice that appears to be raking in millions of dollars a year for the hotel giant. According to the class action suit filed in California, Hilton charges its hotel guests for the newspaper left outside their door, even if the guest didn’t request the paper. The charge does not appear on the Hilton hotel bill, but if the guest happens to notice the fine print on the room card sleeve provided at check-in, he’ll see he can request  a refund (usually 75 cents) if he doesn’t want the paper that appeared to be complimentary.  The Hilton practice is deceptive and it violates hotel guests’ trust in Hilton.

At first glance, 75 cents may not sound like a lot, but the cash quickly adds up for Hilton. We’re still calculating just how much Hilton is netting off this scheme, but according to Forbes writer Jeff Bercovici, the practice is widespread and  hotels across the U.S. may be raking in $40 million a year or more off of this practice.

The class action suit, Case Number 3:11-cv-03677, was filed July 27, 2011 by plaintiff Rodney Harmon following his stay at the Hilton Garden Inn Sonoma County Airport in March, 2011.  The defendants named in the suit include Hilton Group, PLC, Hilton International Corp. and Hilton Hotels Corporation. Hilton operates hotels under brand names Hilton, Embassy Suites, Hilton Garden Inn, Hampton Inn, Doubletree, Homewood Suites and Home2Suites by Hilton.  The suit is filed in United States District Court in the Northern District of California. Attorneys for Plaintiffs and the Class are Douglas A. Dellaccio, F. Jerome Tapley and Ryan Lutz of Cory Watson Crowder & DeGaris and Clayeo Arnold, Kirk Wolden and Clifford Carter of Clayeo C.Arnold Law Firm. 

- Ryan Lutz, Cory Watson Crowder & DeGaris

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Stephen Hunt August 10th, 2009

Calaxo Screw Injuries – ACL Surgery

I think it is safe to say that most of us, when given the option, would rather not have something permanently implanted in our bodies.  Medical device companies understand this preference and thus, have been increasing their exploration into the market of absorbable implants.  The premise behind most of these ‘absorbable’ products is that the device retains its physical characteristics long enough to serve its utility and then is absorbed by the body after a certain period of time.

Without getting into too much detail, most of these absorbable (or resorbable) implants are made from organic macromolecular compounds such as polyglycolic or polylactic acid, which are and absorbable by the body.   They also possess the chemical and physical properties necessary for internal fixation devices.

An example of one of these resorbable products is the CALAXO screw made by Smith and Nephew.  This screw is used in place of a titanium screw to secure a graft in ACL reconstruction.  The screw is resorbed by the body over the course of the next 12 months, and compounds within the screw stimulate the natural process of bone formation in its place. The new bone fills the tunnel where the surgeon originally placed the screw, and promotes the ossification of the graft.

Unfortunately, the Calaxo screw did not enjoy the success of some other resorbable implant devices.  Smith & Nephew Endoscopy initiated a voluntary recall of CALAXO Bioresorbable Interference Screws in August, 2007 after receiving reports of swelling at the site of the implant.  In most instances the swelling can be reduced by aspiration at the site of the swelling.  Unfortunately, if the symptoms are severe enough, further surgical procedures may be required.  The remaining screw fragments or any resulting bony growth may have to be removed surgically.  There is also the possibility that surgical grafting may be required or replacement hardware implanted.

If you’ve suffered from the use of a Calaxo screw in your ACL surgery, the Calaxo lawyers at Cory Watson Crowder & DeGaris may be able to help you.  Call today to discuss your concerns. You may be eligible to recover compensation for your physical, emotional and financial losses.  Call toll free (800) 852-6299 or email  attorney Stephen Hunt: shunt@cwcd.com.

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Kristian Rasmussen July 1st, 2009

The FDA today mandated a “Black Box” Warning” requiring Pfizer Inc., manufacturer of Chantix®,  to strengthen warnings about the health risks and dangers associated with using the drug.   Chantix® is advertised as an aid to help people quit smoking.  The order for a Boxed Warning comes on the heels of thousands of reports linking Chantix® to serious injuries and death.  FDA officials noted “These reports included those with a temporal relationship between the use of [Chantix] and suicidal events and the occurrence of suicidal ideation and suicidal behavior in patients with no history of psychiatric disease.”  In addition to requiring a stronger Boxed Warning, the FDA is requiring Pfizer to “develop patient Medication Guides highlighting the risk of serious neuropsychiatric symptoms.”  

WhenI filed the first lawsuits in the country on behalf of Chantix victims in 2007, Pfizer knew how dangerous Chantix is, yet they failed to properly warn consumers or physicians.  Alarming evidence linking Chantix to many severe injuries and death has continued to mount since Pfizer rushed the dangerous drug onto the market. Our firm has received more than 2,900 inquiries from consumers from across the country and we currently represents more than 350 Chantix victims. If you would like to discuss Chantix litigation or refer a case, please contact me krasmussen@cwcd.com or Elizabeth Ellis Chambers, bchambers@cwcd.com or phone toll free (800) 852-6299.

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Kristian Rasmussen April 23rd, 2009

Attorneys at Cory Watson in Birmingham, AL are investigating claims on behalf of homeowners and building contractors for injuries, damages, and destruction caused by defective Chinese Drywall. Attorney Kristian Rasmussen said, “we have organized a team of attorneys to investigate these claims for innocent homeowners … we will hold these rogue companies accountable.” The defective Chinese Drywall is used in home construction and has been linked to causing illness, injury and property damage. Although the full extent of injuries and damage caused by the defective drywall is not yet know, Rasmussen said, “at the very least, innocent, hardworking homeowners should not be forced to pay the replacement costs and loss of property value.” Critics of the drywall also charge it can cause nosebleeds, respiratory problems, depressed immune system, etc. One of the companies named in litigation is Knauf Plasterboard Tianjin, Co., but other manufacturers are expected to be named in additional lawsuits. For more information about Chinese Drywall litigation contact attorneys Kristian Rasmussen, krasmussen@cwcd.com or Alyssa Daniels, adaniels@cwcd.com or phone (800) 852-6299.

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Jason Shamblin March 31st, 2009

 Cory Watson Crowder and DeGaris accuses Yamaha of ignoring repeated complaints about deadly Rhino dangers  

(Birmingham, AL) March 31, 2009 -   Yamaha Motor Corp USA today recalled one of the most popular off road vehicles on the market- the Yamaha Rhino. Yamaha and the Consumer Product Safety Commission issued the recall affecting some 120 thousand vehicles and warned Rhino owners not to operate their vehicles until taking them into a dealership for repairs and safety modifications.  All Rhino 450 and 660 model vehicles were included in the recall. The action comes after more than 46 deaths and hundreds of catastrophic injuries were reported in Rhino accidents across the U.S.

“Yamaha has known of these serious safety threats for years, but has repeatedly failed to admit there’s a problem.” said attorney Jason Shamblin of the Cory Watson Crowder & DeGaris law firm. “Today’s Rhino recall amounts to an admission that the Rhino is dangerous. It has serious design flaws that can lead to deadly accidents even when the vehicles are operated at low speed on flat terrain.”   Lawsuits filed against Yamaha allege the Rhino is prone to rollover accidents, and because of defects in its design, may result in broken or crushed arms, legs, feet, and ankles. 

Shamblin says Cory Watson is at the forefront of Yamaha Rhino litigation, representing one hundred fifty people injured or killed in Rhino accidents. “Hundreds of people have suffered devastating, life-changing injuries and many have died because of the design defects in the Yamaha Rhino,” said Shamblin who notes that the lawsuits allege Yamaha knew of the dangers, yet failed to adequately warn consumers. Shamblin points out that in 2007 Yamaha  issued its first recall, offering to retrofit older models with doors.

“With this second recall, I can’t contemplate that Yamaha would continue to deny in litigation that its Rhino has serious design flaws”, said Shamblin. As Rhino owners learn more about the safety issues, hundreds of lawsuits hang in the balance. The United States Judicial Panel on Multidistrict Litigation recently ordered that all Yamaha Rhino rollover Federal lawsuits be consolidated before a Federal Judge in Kentucky. The action centralizes the Federal suits into Multidistrict Litigation (“MDL”) so that all pretrial discovery and litigation from all Federal Rhino cases will be heard in one court.

Cory Watson Crowder & DeGaris is recognized nationally for its practice in multidistrict litigation and complex litigation including class actions, personal injury, products liability, business and securities litigation, environmental litigation and mass torts litigation of defective medical devices and pharmaceuticals.

For more information please contact rhino@cwcd.com or phone toll free 1-800-852-6299

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Jason Shamblin February 16th, 2009

(BIRMINGHAM, Al)  Attorneys representing Yamaha Rhino rollover victims are praising the decision to consolidate all Federal lawsuits involving the popular Yamaha Rhino Utility Terrain Vehicle.  The United States Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all Yamaha Rhino rollover Federal lawsuits be consolidated before a single judge. The cases are being assigned to a Federal Judge in Kentucky according to the JPML Transfer Order dated February 13, 2009.  The action centralizes the Federal suits into Multidistrict Litigation (“MDL”) so that all pretrial discovery and litigation from all Federal Rhino cases will be heard in one court.

 “This brings us closer to achieving justice for those killed or injured in Yamaha Rhino rollover accidents”, said attorney Jason Shamblin of Cory Watson Crowder & DeGaris.  “It is a big step toward improving public safety.”  Shamblin and lawyers at Cory Watson are representing more than 150 Rhino victims in mreo than 35  states. Lawsuits filed against Yamaha allege the Rhino is prone to rollover accidents, and because of defects in its design, may result in broken or crushed arms, legs, feet, and ankles.

“Hundreds of people have suffered devastating, life-changing injuries and many have died because of the design defects in the Yamaha Rhino. The company must be held accountable”, said Shamblin who notes that the lawsuits allege Yamaha knew of the dangers, yet failed to adequately warn consumers. Shamblin and other attorneys representing Rhino rollover victims had asked the courts to consolidate the Federal cases.  The Federal action does not affect the status of Yamaha Rhino rollover cases filed in state courts around the U.S.

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Ryan Lutz February 5th, 2009

C.B. Fleet has recalled its Phospho-soda® laxative that it has aggressively promoted since the early 1990s as a safe bowel cleanser for colonoscopy and medical procedure preparation. Phospho-soda®  is an over the counter saline laxative consisting mostly of monobasic sodium phosphate monohydrate and dibasic sodium phosphate heptahydrate. It is often taken to prepare for colonoscopy.

Fleet® Phospho-soda® works by drawing liquid from the body into the colon; therefore it can cause severe dehydration that can lead to kidney damage.  Phospho-soda® should be used only under the direction of a physician.  Since 2004, there have been close to 200 individual lawsuits filed against CB Fleet across the United States.  The plaintiffs in these lawsuits allege that they have suffered kidney failure, chronic kidney disease and end stage renal disease as a direct result of using Fleet® Phospho-Soda® in a dose recommended by Fleet as “safe”.

Medical research suggests that the incident rate of kidney failure associated with the use of oral sodium phosphates, such as Phospho-Soda® is 1 in 1000.  The kidney damage caused by Phospho-soda is often called Acute Phosphate Nephropathy, Acute Renal Failure, Chronic Renal Failure, or Acute Nephrocalcinosis.

If you or a loved one have suffered kidney disease or kidney damage that developed after taking Fleet® Phospho-soda® as a bowel cleanser in preparation for a colonoscopy or surgery, you may be entitled to monetary compensation for your injury.  Call one of our Fleet® Phospho-soda® lawyers today. We want to help.

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Cory Watson Crowder & DeGaris February 1st, 2009

To the extent the State Bar rules require us to designate a principal office and/or single attorney responsible for this site, Cory Watson Crowder & DeGaris, P.C., designates Hirlye R. “Ryan” Lutz, III as the attorney responsible for this site. He is located at 2131 Magnolia Avenue, Suite 200, Birmingham, Alabama 35205.

Alabama: No representation is made that the quality of legal service to be performed is greater than the quality of legal services performed by other lawyers

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Kristian Rasmussen January 14th, 2009

In May, 2007, Dr. John Spangler, director of Tobacco Intervention Programs at the Wake Forest University School of Medicine in Winston-Salem, N.C. raised concerns about the safety of Chantix by “bring[ing] them to the attention of the medical community, the U.S. Food and Drug Administration and Pfizer, the company that manufactures the drug.” (7/12/08 ABC News Medical Unit: “FDA, Pfizer Told of Chantix Safety Concerns a Year Ago”)  Chantix is an anti-smoking drug linked to cases of suicide and other serious side effects. For more information please contact attorney Kristian Rasmussen by email  (Krasmussen@cwcd.com) or call toll free 1-800-852-6299.

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Stephen Hunt December 16th, 2008

Our firm is researching a device is called the “MYSTIQUE™ Resorbable Graft Containment Plating System” made by Kensey Nash and distributed by Medtronic Sofamor-Danek.  The product is used by surgeons when performing an anterior cervical discectomy and fusion (ACDF).  Historically, these plates have been made of titanium or other metal compounds.  The primary selling point of the MYSTIQUE™ Plate is that it is absorbed by the body, and allegedly disappears after performing its function of supporting the fusion.

The plate is somewhat flexible and can be contoured to better match the patient’s unique anatomy before insertion.  The “HYDOSORB” material (a PLDLA co-polymer consisting of 70 percent Poly (L-lactide) and 30 percent Poly (D,L-lactide)) allegedly dissolves in the body within 18 to 36 months after implantation.  As the plate dissolves, it passes its by-products, carbon dioxide and water, through the lungs.

The case we are currently looking at involves a patient that had a Mystique Plate implanted for an ACDF.  Unfortunately, the repair resulted in non-union and required replacement with a metal plate.  During the replacement surgery, the surgeon found that the absorbable screws had broken and the plate had not maintained its placement.

Our independent research has shown a trend of this type of incident with the Mystique plate.  In fact, there is a case report and failure analysis describing similar incidents here.

Our firm is interested in talking to anyone that has experienced a similar product failure involving a MYSTIQUE™ Plate.  Please contact the attorney leading this investigation, Stephen Hunt, Jr., at shunt@cwcd.com  or call 1-800-852-6299.

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