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Category: Berniard Law Firm news

  • Attorney Jeffrey Berniard to Advocate for Leadership Role in DePuy Litigation During Upcoming Status Conference

    The Honorable David Katz has scheduled a status conference to be held January 20, 2011 at the Paul G. Rogers Federal Building in West Palm Beach, Florida. The purpose of this status conference is to allow applicants for the Plaintiff’s Steering Committee in the DePuy hip recall litigation an opportunity to speak for a few moments in support of their application. As this blog recently reported, New Orleans attorney, Jeffrey Berniard, recently submitted a request for one of these leadership positions.
    Berniard says he plans on using the two minutes allocated to him for oral argument to remind the court of his past successes leading other complex litigation, including, but not limited to, suits filed against Cox Communications, Iovate Health Sciences, and Dow Chemical Company. Additionally, Berniard has established his expertise in the DePuy ASR Hip Implant recall matter by lecturing other attorneys in ongoing continuing legal education (CLE) classes held in the Greater New Orleans area, and he wishes to remind the court of this as well.

    Since the nationwide recall of DePuy’s ASR hip implants was announced in August 2010, Berniard has continuously accepted new clients to represent in this matter. Moreover, he has maintained this blog, which has effectively informed the general public of the risks associated with the faulty manufacturing techniques of DePuy Orthopaedics. These actions showcase Berniard’s willingness to lead and share his skills with those most affected by the defective medical products.

    Regardless of whether Berniard is granted a position on the DePuy Plaintiff’s Steering Committee, the Louisiana attorney is committed to assisting new and current clients in any way he can. In terms of the DePuy ASR hip recall litigation, he remains focused on using all resources at his disposal to achieve the greatest recovery possible for each of his clients injured by the medical device manufacturer. Berniard says he will continue to represent clients against DePuy whether he holds a leadership post or not.

    This blog will continue to keep its readers posted on attorney Jeffrey Berniard’s efforts to guide the direction of the pending lawsuits against DePuy. In the meantime, if you feel you have been adversely affected by one of the recalled DePuy ASR hip implants, please do not hesitate to call Jeffrey Berniard and his staff at Berniard Law Firm for a free consultation. Berniard and his team are standing by, and are happy to field any questions you may have.

  • Happy Holidays from the Berniard Law Firm

    The Berniard Law Firm would like to wish all of our clients and the residents of the Gulf Coast a Happy Holiday.

  • DePuy Pretrial Actions Consolidated to Ohio Court

    It was recently announced that the pretrial filings for DePuy ASR hip replacement lawsuits have been consolidated to the Northern District of Ohio. The lawsuits have been assigned to the Honorable David A. Katz for supervision during the early stages of the litigation. Judge Katz is based in Toledo, Ohio, and he will be responsible for overseeing discovery efforts and pretrial motions made by DePuy ASR hip implant litigants.

    With over 150 federal lawsuits pending against DePuy, it was necessary to consolidate the DePuy ASR hip replacement pretrial actions to just one judicial district in the interests of simplicity and judicial economy. According to the U.S. Judicial Panel on Multidistrict Litigation, these numerous federal lawsuits all contain common issues of fact and law. Therefore, the pretrial actions only need to be considered in one consolidated court proceeding.

    Once the pretrial phases of these lawsuits are completed, the U.S. Judicial Panel on Multidistrict Litigation will transfer the actions back to the federal court districts they originated from for further litigation in the plaintiffs’ respective home districts.
    The consolidation of DePuy hip implant pretrial litigation will streamline the exchange of evidence between the multiple plaintiffs and DePuy. Because some commentators predict that thousands of plaintiffs may end up filing suits against DePuy for complications experienced as a result of receiving a defective DePuy ASR hip implant unit, it is critical that redundancies and duplications of evidence and motions are avoided in the earliest phases. Consolidation to the Northern District of Ohio should facilitate this goal.

    DePuy, a division of Johnson & Johnson, announced a nationwide recall of its ASR hip implants in August 2010 after a significant number of patients were forced to endure revision surgery to correct complications suffered from defective ASR units, including metallosis and loss of mobility. As many as 12-13% of patients were adversely affected. Experts estimate that billions of dollars in damages are at stake. Consequently, complex litigation and negotiations are expected in order to justly compensate plaintiffs’ claims for the pain and suffering they’ve experienced. And because product liability litigation is only just beginning against DePuy, the recent consolidation action will set the foundation for future litigants and forthcoming litigation.

    This blog will continue to keep you posted on legal developments surrounding the DePuy hip implant recall as they materialize.

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  • A Happy Thanksgiving to Our Readers

    On behalf of the Berniard Law Firm, we would like to issue all of our readers a Happy Thanksgiving to those in the Gulf Coast and beyond.

    The blog will resume posts after this weekend.

  • Berniard Law Firm Lead Chosen to Educate Lawyers on DePuy Hip Replacement Matter

    Lead attorney Jeffrey Berniard recently educated fellow lawyers on the complexities of litigation concerning the ASR DePuy hip implant replacement recall. Having been an active part of Continuing Legal Education (CLE), Mr. Berniard was selected to teach the DePuy matter due to his involvement in the ongoing litigation over the matter as well as his experience in product defect representation. Through the CLE program, attorneys are able to continue to develop understanding for new issues and few may have a bigger impact than this hip replacement matter.

    Recalled some years after DePuy and parent company Johnson & Johnson were aware of an unacceptable failure rate, the ASR hip unit was utilized in the replacement surgery of over 80,000 people. The prosthetic, which normally would last for over a decade, is now failing for far too many in as short as three years. Upwards of 1 in 8 patients faced problems with the item, forcing DePuy’s hand over time and leading to the eventual recall. Resulting in an unwelcome revision surgery that required additional hospital time and an obvious second procedure, this failed implant system has caused nothing but problems for individuals of varying age that trusted the item would be an element of progress after their own hip had failed.

    From a liability standpoint, it remains unclear how the courts will address DePuy’s actions. The company itself has limited its responsibility to those who received the implant to a replacement and those limited costs related to swapping their defective product for a functional item. However, the sheer amount of discomfort, pain and problems suffered by those with the item makes such a response seem not only disheartening but frustrating. The faulty implant has been tied to a variety of ailments, including general pain and discomfort, limited mobility, health problems and continued hip failure. That the company would only agree to cover expenses related to rectifying their faulty product is telling and a great illustration of why contacting a legal expert is necessary for recipients.

    Mr. Berniard’s lecture to his legal peers summarized the statistics and timeline involved in this matter and will hopefully expand the discourse regarding this product and getting the best information into the hands of area attorneys. While this lecture will helpfully provide recipients the best legal support they possible, patients who have received the faulty implant can speak to Mr. Berniard about their rights today.

  • Firm’s Lead Attorney Educates Area Attorneys on DePuy Hip Implant Legal Situation

    As part of our firm’s efforts to educate the public at large about their legal rights in matters, lead attorney Jeffrey Berniard will be informing his peers about the Johnson & Johnson/DePuy ASR hip implant replacement legal issue. Having already been an active part of CLE (Continuing Legal Education) courses, as well as serving as an educator to law students on legal matters, Jeffrey Berniard is transferring his experience with product defect and company liability matters to the classroom.

    Over the years, post-Katrina, the Berniard Law Firm has been an active part of helping Louisiana and other Gulf Coast residents recover in the wake of storm damage and insurance company delays. What’s more, our firm has actively pursued legal accountability against refineries in Louisiana and elsewhere for chemical leaks in Chalmette and Hahnville. In the wake of the British Petroleum (BP) oil spill in the Gulf of Mexico, Jeffrey Berniard and his firm immediately began representing families for their losses as well as assisting in the difficult and confusing claims process that ensued once the Gulf Coast Claims Facility (GCCF) took over the payment process.

    For more information about your legal rights in the DePuy issue, or other matters relating to injuries, personal or property, contact our offices today. In a variety of matters, your legal rights can be limited by how long you take to consult an attorney to discuss what options are available to you. By speaking with Jeffrey Berniard, you will not only have the ability to speak with a rising attorney with significant peer respect and extensive experience in his fields, you will also be limiting the potential of losing the financial award you deserve.

  • Breaking News: BP Fund to Finance Claims Process for Gulf Oil Spill

    The Associated Press is now reporting President Obama and British Petroleum have come to an agreement regarding the establishment of a fund to help pay off claims. This fund is expected to be over $20 billion and will be tied to the claims process that has already begun in the Gulf Coast area. Meeting for some four hours, BP officials set aside an additional $100 million for the families of the 11 sailors who died in the explosion.

    The news comes as welcome to an area that has been besought by financial difficulties as a result of the various closures caused by the BP oil spill. The Press reports

    The claims system sets up a formal process to be run by a specialist with a proven record. Instead of vague promises by BP, there will be a White House-blessed structure with substantial money and the pledge that more will be provided if needed. The news was applauded in the Gulf — a rare positive development in a terrible two-month period since the April 20 explosion that killed 11 workers and unleashed a flood of oil that has yet to be stemmed.

    While the fact money has been set aside will be welcome news to many, some may fear that a lack of review may lead to problematic denials by BP. The White House, however, reports that the claims process will also include a three-member panel to review and handle claims that are refused. Further, the $20B fund will be paid into over four years by BP and the amount is not a cap.

    Even though these remarks demonstrate an effort on the part of the oil giant and the government, people have raised issue with a remark made by the BP chairman that he had heard “comments sometimes that large oil companies are greedy companies or don’t care, but that is not the case with BP. We care about the small people.”

    Justin Taffinder of New Orleans was not amused.
    “We’re not small people. We’re human beings. They’re no greater than us. We don’t bow down to them. We don’t pray to them,” Taffinder said.

    While this poor choice of words is can obvious gaffe, the news of a block of money now conclusively tied to the claims process is a great step towards making the people of the Gulf Coast harmed by this disaster whole. The encouraging nature of $20B not being a “capped amount” furthers the positive sentiment due to the fact it shows a true determination that BP will be held fully responsible for any hardship caused.

    More information regarding this BP oil spill claims breaking news will be provided when it becomes available.

  • Recent Interview Highlights How Oil Recovery May Be Hampered By Tax Problems

    Having taught Continuing Legal Education (CLE) seminars on a variety of topics including Chinese drywall and, soon, oil leak litigation, lead attorney Jeffrey Berniard has been a relied upon expert on matters relating to claims and the wide variety of problems and delays claimants, and their attorneys, often face in such processes. Interviewed for his expertise relating to the recent Deepwater Horizon oil leak, Berniard highlighted a little considered problem that commercial workman like fisherman and others who make a living in the Gulf might face. Given that the nature of their job involves extensive self-reporting and tax analysis, the flexibilities or evasions of tax income that those who work off the coast might have carried out might significantly limit their ability to collect damages. If that is the case, careful legal analysis and work by an experienced attorney may be the difference between thousands of dollars in compensation.

    While talking to New Orleans City Business (articles available to subscribers only), Berniard was asked about the difficulties some might face in collecting damages caused by the oil spill

    “It’s the same issues we dealt with after Katrina in terms of (Small Business Administration) loans,” he said.

    In the event of Katrina, insurance companies and loan groups often asked for proof of earnings that small business owners struggled to provide. In those instances, the owners were forced to either accept little to no assistance or hire an attorney that would be able to get them the money they needed. Using a variety of processes including getting records from employers, customers, average yields of similar fisherman, etc., hiring the right attorney can mean a world of difference.

    Because bigger businesses can often afford to have a professional tackle their taxes year in and out, this problem will likely be dealt with by small business owners who work in a cash-heavy industry. Berniard also noted that “eligibility for damages claims typically requires paperwork from the Internal Revenue Service to prove yearly earnings.” This is another area where larger businesses with complex filing systems will come out of the claims process easier than those businesses who might not be able to afford the proper storage or formatting required to keep complex and lengthy paper trails for the sake of proving earnings. Without proper representation, this may lead to small businesses closing shop merely because they had kept their buying and selling on a cash basis.

    Oil Spill Pollution Act claims will be a prominent issue as Gulf Coast workers struggle to make ends meet during restrictions in fishing because of the miles upon miles of floating crude oil. While these problems with income proof will likely not be an issue for most of the small businesses in the area, years of delays from storm damage have shown that the claims process will likely be a difficult one. Local individuals wishing to pursue a claim for lost wages or damage to their property are advised to keep close records of business before and after the spill as well as to begin collecting as much financial data as possible from previous years. While an attorney like Mr. Berniard could be able to achieve results without such records, the more assistance you can provide to an attorney helping manage your claim the more likely the claims process will move forward successfully. By being prepared with extensive records in the event of any sort of audit or claims investigation that can come from their claim, local victims may successfully prove their claim.

    Our firm will be releasing more information on how to file an oil loss claim. Feel free to bookmark our site and check in often for more news and helpful directions as they become available. If you feel you have a claim to make, contact our offices and an attorney will help advise you on your rights in this matter.

  • What does a Charter Boat Captain need for a Gulf Oil Spill Claim?

    There is an availability of funds under the Oil Pollution Act (OPA) and the Oil Spill Liability Trust Fund (OSLTF) for Louisiana residents who have suffered property damage because of the crude oil washing ashore. Oil damage to boats is treated differently from other forms of personal property damage under the guidelines of the OPA. As required by the Oil Pollution Act of 1990, certain information must be provided to the responsible party to submit an oil spill loss claim. Just one example includes a provision that boat captains from Plaquemines, Jefferson, St. Bernard and Terrebonne Parish will need to present the following information to BP and other responsible parties will filing their oil spill claims.

    The U.S. Coast Guard’s National Pollution Funds Center website details that a boat’s owner can submit claims relating to the removal of oil stains from the vessel (interior furnishings upholstery and carpeting included) so that the vessel may be restored to its condition before the oil damage. Claims may also be filed for the damage done to a boat’s motor, rudder, anchor winch and other mechanical parts of the vessel harmed by oil.

    In general, all claimants, regardless of what losses they are claiming, are required to provide the following;

    1. Photo Identification
    2. Tax Returns from 2007- 2009- However claims representatives have indicated they will take fewer years.
    3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.

    Louisiana boat captains will also need to provide the following for an oil loss

    1. Log Books with cancellation information
    2. Contact information for clients who cancelled trips
    3. A list of continuing expenses

    Boat captains will undoubtedly be affected for years to come by the negligent parties associated with this oil spill. Once a claim determination is made, a claimant must either accept or reject the offer within 60 days. If the offer is accepted, a release must be signed. If no action is taken within 60 days, the offer to pay the oil spill claim will be voided and the claim is closed. If the boat captain decides to reject the offer this can start an entirely new review process. Another claim determination will be made as a result of the reconsideration and the final determination on the matter becomes final. The claims adjusters do not consider the reconsideration process to be a negotiation.

    The problem with this process is that, once a release is signed, boat captains potentially will not be able to make claims for losses incurred over the next few years for their oil spill claim losses. If a boat captain decides to sign a release in the next few months and the oil spill causes his business to fall next year surely the responsible parties will deny his claim by asserting the release caused all claims to be settled at the time it was signed. For this reason alone it is important that individuals have a legal expert inspect the claim and make sure that their rights are protected for years to come.

    The Berniard Law Firm is currently handling oil spill claims for boat captains and is advising against signing any and all releases that will cap damages at only this years losses. If you want to speak with a lawyer today about your oil spill claim as a boat captain call 504-521-6000 for a free consultation.

  • Louisiana Residents With Personal Injury Questions

    For those Louisiana residents, whether you live in Lake Charles, Shreveport, Baton Rouge, New Orleans, Kentwood or any other of the great cities across this state, looking for more information on their possible personal injury claim, check out our blog dedicated to these legal matters:

    Louisiana Personal Injury Blog

    This blog discusses the legal issues relating to Admiralty/Maritime law, Animal/Dog Bites, Car Accidents, Chemical/Industrial Spills, the intricacies of Expert Testimony, Insurance Disputes, employee rights under the Jones Act, Legal Duty, Civil Lawsuits, Criminal prosecution, Medical Malpractice, Mesothelioma/Asbestos, Motorcycle Injury, Negligence, Offshore Accidents, Product Defects, Chinese Drywall, Strict Liability, Workers’ Compensation and Wrongful Death. All of these issues are crucial to citizens rights and residents of Louisiana.

    To better understand the complexity of the law, contacting an attorney is crucial. However, to get a better understanding of the general issues, we hope this resource is invaluable. Feel free to browse this legal resource dealing with a variety of harms or damages you may have suffered in order to understand how your issue matches up with the law.

    If you would like to speak with an attorney, check out our contact information. We represent Louisiana residents across the state and would be happy to discuss with you how to move forward with your unfortunate circumstances.