Hi Howard,
I just received the following message today when I checked my email:
Dear Mr. Brooks,
I obtained an update on your file. [DELETED IN CASE LAWYERS GET SHITTY] have determined to not pursue any Smith & Nephew claims wherein any component consists of a Birmingham device. There may be other firms with a different opinion, so I recommend you consult with another firm as soon as possible. I will also send you a letter in the mail advising you of same. I am sorry to communicate this to you in writing, however I did not want to call you too early.
So here we have a large firm — actually two firms that work in tandem — refusing to take even the 510k BHR THA! I can’t believe it! I am apoplectic and beside myself. How can these bastards destroy a person’s body and get away with it? So yeah, like your post says, these law firms want only the low-hanging Depuy fruit right now, so it appears we may have to wait for Smith and Nephew to recall their product. I can tell you this, every person in my town is going to read and/or hear about this now!
I agree something must be done, so I’m going to contact all television stations and newspapers out here and see if anything comes of it.
It will be awhile before I come back on here, as my recently revised THA has taken a serious turn for the worse, and I have experienced incredible pain — bony pain down near my rear end (that means the pelvis and the acetabular cup to me). The pain was so intense (after I apparently took a step incorrectly) — that I’m back on the walker, can’t bend over at all again (after finally getting better last week) and loaded up with pain relievers. I have an expedited appointment with my surgeon next week, and almost went back to the emergency room again (been there twice since my surgery due to metalosis/necrosis. My leg swelled up so big it looked like a python that had swallowed an alligator. I had severe pain for three weeks (pitting edema) that migrated down my leg past my knee (On the revision side). The doctor has no explanation, but agrees it MAY have something to due with the toxicity of the implant and the cutting loose all of the dead and/or contaminated flesh. It MAY have something to do with it — really, doc? Is that your careful diagnosis? Your a pitiful disgrace to your profession, and it will now take all of the restraint I can muster not to verbally blow this guy out of his chair next Tuesday, friggin’ ‘Bonesmith’!
I am so pissed off right now I can’t even think right, these bastards! And mine’s not even a PMA approved device! Good God, how can this be happening, where the agency put in place to protect us (FDA, aka Failed Device Administration) has been bought and sold by lobbying firms like AdvaMed, who like all other lobbyists in our country are simply ‘investing’ money in members of Congress to get the results they desire. What country is this we’re living in, man?
I may go after the hospital for negligence, as no warning was given to me about metal ions and my records say it was. But I have obtained a copy of the actual consent form and there is no mention on it at all, so the hospital has essentially falsified records to cover their behinds. My records say two different things, and that is highly unethical. This is a prestigious hospital so they won’t like the article my newspaper wants to print about me (My lawyers, the ones who dropped me, insisted I didn’t give an interview with my name, so the medical reporter’s editor wouldn’t let him do it. That will now change post haste.
If that fails I’m going to picket the hospital who did the work by wearing a sandwich-board sign while supported by my walker, with the letters this hospital injures people and lies on their records to protect themselves.
I guess we have to hang in there, but I don’t feel like doing that right now.
11 thoughts on “Another S&N Victim spat out by the lawyers… Lives ruined and S&N gets off free….”
hbs924Howard Sadwinsaid:
I understand your plight, this is the first week in 2 years I have been off the pain meds. My mind is clearing up and I can think a lot clearer than when I was on that poison.
I was dropp[ed by a large firm this pass week, I have received several firms names to call from Earl’s Blog. Once I check their plans, I will report to you and the kind folks who gave me the information. I also have communicated with a large firm from Alabama, that will review my case once they receive. So, hang loose and don’t be so pissed, although you have every right to be, use that energy to get well.
The preemption laws are the issue. The device manufacturers can put a device in us, have it malfunction, their fault, and they get to SAY TOUGH. I have been working on this for all most one year solid, they may have a big surprise, the SHERIFF is comming. Not at liberty to discuss in the open. Take videos or pictures of you before,and now, get your hip from the hospital and put it in a safe place. Forget the hospital etc. for the time. The pain pills distort your thoughts, they relieve pain most of the time, but they suck over all as do the rest of the pills. Concentrate on getting healthy, not easy but you are the only one who can do this.
I have Beasley- Allen Law firm going to review my case once they receive information.
If you would like to contact them, ask for Mike Crow (attorney I have known for years)
1-256-355-6558 tell him you know me.
Howard Sadwin
Remember you are not alone, this is going to be a long , long healing process and the end result ???? I am just learning how to walk with a custom shoe 2″ higher than my good side, a custom downlock cast that gives me support to stand and a walker, but I am ALIVE.
Dear everyone on this blog,,,and Howard,,,,,I am in the same boat,,,,I had a bhr in 2008,it dislocated and fell in my groin,they tried to manually manipulate it back in place twice,but could not,so they manually manipulated it into my butt cheek so it would not sever my femoral artery,,,,it was EXCRUTIATING to say the least,my surgeon was out of town so i was sent home for 3 days until i could have the revision surgery,,,screaming and vomiting from the pain,,,,the weekend was a blur to say the least,i went to the hospital the following Monday by means of a smartbus with a lift and a emt handy because i was in bad shape,,,,no wonder,,,i had developed a hematoma and was bleeding inside of my hip area,,,got to the hospital and the first thing the doc says to me was ”what did u do”?I didn’t ”do anything” to cause this,,,i was mortified he spoke to me the way he did,,,,,well,anyway,i had the revision,,,,,and quickly noticed that it didn’t feel right,it hurt and it made the same loud popping,clicking noises that the bhr did,,the 2nd surgery was a total mom hip frpm smith and nephew,,,went to the doc again and was told it was just bursitis,,,,well,by now i was disgusted and had lost trust in my doc so i went to a specialist,after some tests,i find out that the new hip had moved roughly 40 degrees inside and needed to be replaced,,,WHAT THE HELL!!!!!!!!!!!So,as disgusted as i was,i scheduled surgery for another replacement,,,,,this would make 3 in a 2 and a half year period,,,I had complications after the second replacement,my platelet count went over one million and had to give myself shots of heparin,take hydrourea,aspirin,and coumadin and see a hematologist,,,i was told this can happen when the bone is cut a few times in a short amount of time,,,,,so,i get the new hip,,,plastic and ceramic,,,,it works fine,,never had the problems of squeaking,pain,clicking,or popping,,,but,from being cut in the same spot(the muscle)so many times,my muscles caved in,,,my hip is caved in,,,my hip area and my butt area,,,and it hurts where the muscle is damaged,,,,i had some serious necrosis going on when the mom hip was removed so it damaged the tissues,,,,,I have herniated discs in my back since all of this,nreve damage and i have to go to a pain clinic for injections and rhizotomys,,,,,I too have been on anti depressants and anxiety meds along with pain meds,,,,,,I have contacted attorneys just to be turned away because i did not have a depuy,,,I finally found an attorneys office to look at my case just to find out about the ”PMA” that Smith and Nephew had acquired to get approval,and i must say,I HAVE NEVER BEEN SO ANGRY IN MY LIFE,,,,,I CANNOT AFFORD MY CONTINUING CARE BECAUSE OF THEIR SUBSTANDARD PRODUCT!!!!!I have had a corrective surgery for the ”cave in” in my butt/hip and it didn’t work,,,,,i am in pain everyday,,,,and they could care less,,,if we have to get together and shout this from the rooftops,then we need to do it,,,,we have to do something,,,this is UNACCEPTABLE,,,,,I am crying as i type this,,,,,someone contact me if you feel the same way,,,the lawyers are trying to figure out if they can get around this”PMA” somehow,,,,,they seem doubtful,,,,,something has to be done to help all of us,,,,our lives have been completely turned upside down by smith and nephew and they could care less
Howard, I did as you advised, surrendered to the legal side and decided yes, I had to focus all of my energy into getting well. And just like that, almost miraculously, S&N initiated their recall. Apparently the lawyers I was working with hadn’t heard the news when they emailed me (The news was released late on Friday, (June 1) like all damaging corporate news announcements, and my lawyer emailed me on that same weekend unaware. My heart goes out to them….
For some strange reason I feel much better. I mean, at least from a mental perspective, i.e., my attitude is much better today than yesterday.
Thanks for all of your support man, you and that Earl fellow!
Check out these links to see how fast things can change in the legal realm:
Hang tough, is a phrase often used for many things, however in this case it concerns the well being and quality of our lives.
In defense of some attorneys, the preemption laws which protect the pma approval of the birmingham hip requires the Supreme Court or Congress to intervene in this matter. To pursue legal actions, an attorney well versed in the political arena, knowledge in such cases and has the financial capability to take on the government and manufacturers and perhaps the inventor are what is necessary.
I have learned there are attorneys that have S&N clients however, there are far more victims of other MOM devices that are not pma approved, thus legal actions don’t require fighting the Government.
I have read-re-read and re-read the minutes of the meeting held by the FDA on September 8, 2005 at which time the bhr was approved. It is appalling
to read how there was so many unanswered questions and concerns as to the birmingham hip device, but there were substitute voters that not only raised objections YET they voted 3/2 to approve this device based on ONE MAN’s sales pitch and statistical data that wasn’t even verified and in some instances it couldn’t be verified. There were no testing even done in our own country. The partial inventor even made comments to Smith & Nephew maybe they were rushing the marketing of the bhr as there were long term affects unkown that could have adverse affects on humans. YET market share, financing and RATE of RETURNS to the INVESTORS pressured the passing of this device. Resultingly there were other manufacturers that used the 510 K approval process to get their MOM devices approved. NOW look at what has happened, nightmares, horror stories told from those of us who have sufferred and will continue to do so for the rest of our lives. Is this JUSTICE, absolutely not, the outcome of our plights against the manufacturers that have done this to United States Citizens and our friends ABROAD must be held accountable. This will depend on our convictions to pursue these culprits and bring a stop to the on going corruption they keep on getting away with- KICKBACKS.
The recalling of some of these devices and paying token fees to victims is absolute BULLSHIT. It is like paying a traffic ticket only to allow this to continue until another device destroys our lives.
Accountability and JUSTICE for the VICTIMS must PREVAIL if we are to maintain the Democratic way.
These Metal on metal devices must be removed from the shelves, the FDA has been pussy footing around with hearings, and gathering data for years now, yet they are ignoring the MAIN facts there are thousands of innocent people being hurt and the longer these devices remain in people that are suffering the more damage and permenant harm could be the result.
I will never walk without a walker or use of a wheelchair thanks to my BHR.
I am confident and comfortable with my attorney Brenda Fulmer of the Searcy Law Firm, Brenda talks the talk and walks the walk in such matters.
1 800 780 8607. This is not an advertisement for her firm. I am offering her contact information of my own accord.
Be patient, stay informed and time will dictate whether we< CITIZENS of the United States of America and our FRIENDS ABROAD that have been injured by these manufacturers devices will prevail over manufacturers and the corruption that is evident in this business and politics.
Respectfully
Howard Sadwin
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I understand your plight, this is the first week in 2 years I have been off the pain meds. My mind is clearing up and I can think a lot clearer than when I was on that poison.
I was dropp[ed by a large firm this pass week, I have received several firms names to call from Earl’s Blog. Once I check their plans, I will report to you and the kind folks who gave me the information. I also have communicated with a large firm from Alabama, that will review my case once they receive. So, hang loose and don’t be so pissed, although you have every right to be, use that energy to get well.
The preemption laws are the issue. The device manufacturers can put a device in us, have it malfunction, their fault, and they get to SAY TOUGH. I have been working on this for all most one year solid, they may have a big surprise, the SHERIFF is comming. Not at liberty to discuss in the open. Take videos or pictures of you before,and now, get your hip from the hospital and put it in a safe place. Forget the hospital etc. for the time. The pain pills distort your thoughts, they relieve pain most of the time, but they suck over all as do the rest of the pills. Concentrate on getting healthy, not easy but you are the only one who can do this.
I have Beasley- Allen Law firm going to review my case once they receive information.
If you would like to contact them, ask for Mike Crow (attorney I have known for years)
1-256-355-6558 tell him you know me.
Howard Sadwin
Remember you are not alone, this is going to be a long , long healing process and the end result ???? I am just learning how to walk with a custom shoe 2″ higher than my good side, a custom downlock cast that gives me support to stand and a walker, but I am ALIVE.
Dear everyone on this blog,,,and Howard,,,,,I am in the same boat,,,,I had a bhr in 2008,it dislocated and fell in my groin,they tried to manually manipulate it back in place twice,but could not,so they manually manipulated it into my butt cheek so it would not sever my femoral artery,,,,it was EXCRUTIATING to say the least,my surgeon was out of town so i was sent home for 3 days until i could have the revision surgery,,,screaming and vomiting from the pain,,,,the weekend was a blur to say the least,i went to the hospital the following Monday by means of a smartbus with a lift and a emt handy because i was in bad shape,,,,no wonder,,,i had developed a hematoma and was bleeding inside of my hip area,,,got to the hospital and the first thing the doc says to me was ”what did u do”?I didn’t ”do anything” to cause this,,,i was mortified he spoke to me the way he did,,,,,well,anyway,i had the revision,,,,,and quickly noticed that it didn’t feel right,it hurt and it made the same loud popping,clicking noises that the bhr did,,the 2nd surgery was a total mom hip frpm smith and nephew,,,went to the doc again and was told it was just bursitis,,,,well,by now i was disgusted and had lost trust in my doc so i went to a specialist,after some tests,i find out that the new hip had moved roughly 40 degrees inside and needed to be replaced,,,WHAT THE HELL!!!!!!!!!!!So,as disgusted as i was,i scheduled surgery for another replacement,,,,,this would make 3 in a 2 and a half year period,,,I had complications after the second replacement,my platelet count went over one million and had to give myself shots of heparin,take hydrourea,aspirin,and coumadin and see a hematologist,,,i was told this can happen when the bone is cut a few times in a short amount of time,,,,,so,i get the new hip,,,plastic and ceramic,,,,it works fine,,never had the problems of squeaking,pain,clicking,or popping,,,but,from being cut in the same spot(the muscle)so many times,my muscles caved in,,,my hip is caved in,,,my hip area and my butt area,,,and it hurts where the muscle is damaged,,,,i had some serious necrosis going on when the mom hip was removed so it damaged the tissues,,,,,I have herniated discs in my back since all of this,nreve damage and i have to go to a pain clinic for injections and rhizotomys,,,,,I too have been on anti depressants and anxiety meds along with pain meds,,,,,,I have contacted attorneys just to be turned away because i did not have a depuy,,,I finally found an attorneys office to look at my case just to find out about the ”PMA” that Smith and Nephew had acquired to get approval,and i must say,I HAVE NEVER BEEN SO ANGRY IN MY LIFE,,,,,I CANNOT AFFORD MY CONTINUING CARE BECAUSE OF THEIR SUBSTANDARD PRODUCT!!!!!I have had a corrective surgery for the ”cave in” in my butt/hip and it didn’t work,,,,,i am in pain everyday,,,,and they could care less,,,if we have to get together and shout this from the rooftops,then we need to do it,,,,we have to do something,,,this is UNACCEPTABLE,,,,,I am crying as i type this,,,,,someone contact me if you feel the same way,,,the lawyers are trying to figure out if they can get around this”PMA” somehow,,,,,they seem doubtful,,,,,something has to be done to help all of us,,,,our lives have been completely turned upside down by smith and nephew and they could care less
Hi Debra
That is so terrible. You are very brave, out of necessity I guess.
A law suit has just been filed in CA by a BHR sufferer. I published this a few days ago.
I had the S&N THR metal on metal and it was hell. Only two hip replacements in 3 years so not as bad as yours.
But I do understand. Howard and Brooks and many others have your sort of experience.
I think the lawyers will ignore the PMA eventually. S&N will not be able to hide!
Earl
Pingback: S&N tries to fade out of Metal on Metal QUIETLY… Smith & Nephew Voluntarily Withdraws Hip Component « Earl's View
Howard, I did as you advised, surrendered to the legal side and decided yes, I had to focus all of my energy into getting well. And just like that, almost miraculously, S&N initiated their recall. Apparently the lawyers I was working with hadn’t heard the news when they emailed me (The news was released late on Friday, (June 1) like all damaging corporate news announcements, and my lawyer emailed me on that same weekend unaware. My heart goes out to them….
For some strange reason I feel much better. I mean, at least from a mental perspective, i.e., my attitude is much better today than yesterday.
Thanks for all of your support man, you and that Earl fellow!
Check out these links to see how fast things can change in the legal realm:
http://www.google.com/search?q=smith+and+Nephew+recall+of+metal+liners&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
http://www.google.com/search?q=smith+and+Nephew+recall+of+metal+liners&hl=en&client=firefox-a&hs=mH8&rls=org.mozilla:en-US:official&prmd=imvnsu&source=univ&tbm=nws&tbo=u&sa=X&ei=VQfQT7rFBIji2gWi0a2zDA&ved=0CDMQqAI&biw=1366&bih=601
Pingback: FDA PMA – how this hides the guilty and stops The Damaged and Suffering from getting Justice – Smith & Nephew « Earl's View
Pingback: All the Reasons WHY Smith & Nephew Birmingham Hip Resurfacing Should NOT have gotten PMA from the FDA « Earl's View
Pingback: Post-Approval Studies for Smith & Nephew BHR – NOT USEFUL « Earl's View
Pingback: Wright Medical’s Response to Smith & Nephew’s Response to WMT request to Deny BHR PMA « Earl's View
Pingback: FDA Defense of its Decision to Grant PMA to Smith & Nephew’s BHR… « Earl's View
Hang tough, is a phrase often used for many things, however in this case it concerns the well being and quality of our lives.
In defense of some attorneys, the preemption laws which protect the pma approval of the birmingham hip requires the Supreme Court or Congress to intervene in this matter. To pursue legal actions, an attorney well versed in the political arena, knowledge in such cases and has the financial capability to take on the government and manufacturers and perhaps the inventor are what is necessary.
I have learned there are attorneys that have S&N clients however, there are far more victims of other MOM devices that are not pma approved, thus legal actions don’t require fighting the Government.
I have read-re-read and re-read the minutes of the meeting held by the FDA on September 8, 2005 at which time the bhr was approved. It is appalling
to read how there was so many unanswered questions and concerns as to the birmingham hip device, but there were substitute voters that not only raised objections YET they voted 3/2 to approve this device based on ONE MAN’s sales pitch and statistical data that wasn’t even verified and in some instances it couldn’t be verified. There were no testing even done in our own country. The partial inventor even made comments to Smith & Nephew maybe they were rushing the marketing of the bhr as there were long term affects unkown that could have adverse affects on humans. YET market share, financing and RATE of RETURNS to the INVESTORS pressured the passing of this device. Resultingly there were other manufacturers that used the 510 K approval process to get their MOM devices approved. NOW look at what has happened, nightmares, horror stories told from those of us who have sufferred and will continue to do so for the rest of our lives. Is this JUSTICE, absolutely not, the outcome of our plights against the manufacturers that have done this to United States Citizens and our friends ABROAD must be held accountable. This will depend on our convictions to pursue these culprits and bring a stop to the on going corruption they keep on getting away with- KICKBACKS.
The recalling of some of these devices and paying token fees to victims is absolute BULLSHIT. It is like paying a traffic ticket only to allow this to continue until another device destroys our lives.
Accountability and JUSTICE for the VICTIMS must PREVAIL if we are to maintain the Democratic way.
These Metal on metal devices must be removed from the shelves, the FDA has been pussy footing around with hearings, and gathering data for years now, yet they are ignoring the MAIN facts there are thousands of innocent people being hurt and the longer these devices remain in people that are suffering the more damage and permenant harm could be the result.
I will never walk without a walker or use of a wheelchair thanks to my BHR.
I am confident and comfortable with my attorney Brenda Fulmer of the Searcy Law Firm, Brenda talks the talk and walks the walk in such matters.
1 800 780 8607. This is not an advertisement for her firm. I am offering her contact information of my own accord.
Be patient, stay informed and time will dictate whether we< CITIZENS of the United States of America and our FRIENDS ABROAD that have been injured by these manufacturers devices will prevail over manufacturers and the corruption that is evident in this business and politics.
Respectfully
Howard Sadwin