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Category: Law & Lawsuits

Lawsuit Filed on Behalf of Senior with Faulty

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Senior with Faulty

He has filed a lawsuit in the United States District Court, Eastern District of Louisiana, on behalf of an elderly woman who was implanted with a recalled DePuy hip replacement system.

“For many seniors, what should have been newfound mobility has instead become less mobility because their hip replacements systems are defective,” says Attorneys .

DePuy Orthopaedics, a division of Johnson and Johnson, announced a worldwide recall of its ASR XL Acetabular System and ASR Hip Resurfacing System after reports indicated the systems were failing at a higher than expected rate. According to a study published by the National Joint Registry of England and Wales, 1 out of every 8 patients (12%-13%) who had been implanted with a recalled device had to undergo revision surgery within five years.

The recalled ASR hip systems may loosen or dislocate after implantation, resulting in pain, fracture, swelling and less mobility in the patient. The ASR hip system utilizes a ball and socket component that moves against one another. Over time, the metal on metal contact may create metal debris, which could result in damage to the bone, soft tissue and nerves.

“It is troubling to think that over 90,000 people may have been implanted with defective, perhaps dangerous hip replacement systems. It raises the question whether these devices were properly vetted before they were put on the market. Further, did DePuy work fast enough to recall these products after knowing that they were resulting in revision surgeries, complications and pain?” questioned Attorney.

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Richard Arsenault Chairs Panel at 70th Annual LSBA Meeting

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Annual LSBA Meeting

Neblett, Beard & Arsenault’s senior and founding partner, Richard J. Arsenault, will chair a discussion panel at the 70th Annual Louisiana State Bar Association meeting in Las Vegas, Nevada today.

Mr. Arsenault will lead the Insurance, Tort, Workers’ Compensation and Admiralty Law Section’s “What’s Been Happening During the Year – While You’ve Been Practicing Law” seminar. He will be joined by three federal judges. They will discuss recent jurisprudential developments, and how they’ve impacted the practice of law.

Arsenault is an active and respected member of the Louisiana State Bar Association. He is frequently asked to organize and address state-wide legal conferences for the association, including annual Admiralty Symposiums, Mass Tort Symposiums and special topic seminars, like the 2010 LSBA Gulf Coast Oil Spill Symposium. Additionally, Arsenault convenes a discussion panel composed of respected legal figures and federal judges each year at the LSBA Annual Convention in Destin, FL.

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Settlement of Genetically Modified Rice Lawsuits with Bayer Cropscience

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Modified Rice Lawsuits

Bayer CropScience has agreed to a $750 million dollar global settlement with rice farmers over contamination by Bayer’s experimental “Liberty Link” genetically modified rice. The controversial GMO (Genetically Modified Organism) was discovered in the commercial rice supply, causing a plunge in exports to Europe and slamming the rice industry.

Under the terms of the global settlement, Bayer has agreed, subject to certain terms and conditions, to settle pending claims for payments not to exceed $750 million. Prior to this agreement, Bayer had lost several jury trials and settled an additional three cases before they reached a jury.

“This settlement is validation for American rice farmers,” said, chair of the court-appointed executive committee for the plaintiff farmers. “It was a long, hard fought battle, but certainly worth the effort, and we’re pleased with the result.” He represents many of the rice farmers involved in the litigation.

The settlement will be open to long-grain rice farmers in the United States, affecting well over 8,000 farming operations. A Claims Administrator has developed computer programs to administer the settlement process.

“We wanted to ensure that the farmers received fair compensation for their losses” explained Arsenault. “The farmers believed in us and we believed in them. It created a bond and momentum that sustained us throughout the many years of aggressively fought litigation.”

According to lawsuits , farmers in five states claimed Bayer negligently contaminated the commercial rice crop with genetically modified LLRICE 601 and LLRICE 604, leading to export restrictions, bans on two varieties of high-yield seed and a plunge in prices. Within days of the restriction announcements, the decline in rice futures had already cost American rice farmers many millions.

“Our perseverance paid handsome dividends for deserving farmers,” concluded Arsenault.

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