DePuy Orthoapedics Inc., which is a subsidiary company of Johnson and Johnson, enforced a global pullback of their devices in August 2010. The two recalled implant designs have been manufactured and marketed since 2003. In February 2012, the British Medical Journal (BMJ) published an article authored by investigations editor Deborah Cohen emphasizing the inadequate premarket testing of metal-on-metal hip replacements received before being used by patients. In an unusual move due to the thousands of hip replacement lawsuits it faces, DePuy submitted a response to the BMJ
metal-on-metal hip article.
An article about the risks of metal-on-metal hip replacement surgeries was earlier published on the New York Times. The article entitled “Remedy Is Elusive as Metallic Hips Fail at Fast Rate” presents how the operation injures the tissue in the hip area.
Some of the health dangers allegedly brought by DePuy hip replacement devices are additional hip replacement surgery, detachment of hip device from the bone, loosening of hip device, and cancer due to the presence of chromium and cobalt in the blood, unexplained hip pain, hip dislocation, metal toxicity (metallosis), pseudotumors, genetic damage (genotoxicty), tissue damages. bone fractures, and bone loss.
Mindy Tinsley, DePuy spokeswomen, says “we believe we made the appropriate decision to recall at the appropriate time given the available information.”
The symptoms of a defective hip implant are swelling, pain bearing weight, pain when rising from a seated position, pain while walking, pain on the thigh or groin area, and pain on the hip area.
More than 450,000 Americans, most with severe arthritis that limits their ability to walk, undergo a hip replacement each year. The devices, made of combinations of metals, polymers and ceramics, typically last more than a decade, but their failure rates rise beyond 10 years.
Other hip replacement device manufacturers include Zimmer Holdings Inc, Wright Medical Group Inc, and Smith & Nephew PLC.
As of March 31, 2011, Johnson and Johnson had committed $280 million to the recalls. The company also pledged to “address reasonable and customary costs associated with testing and treatment,” including new hips for those who need them. Legal professionals say that several clients have initiated a DePuy hip replacement lawsuit
against Johnson and Johnson. They were among those affected by the failures and defects (e.g. fractures, displacements, loosening) of DePuy devices.
A manufacturing company has once again been charged with lawsuits
because of defective metal-on-metal hip replacement. Last December 16, 2011, complainants filed a lawsuit with the US Judicial Panel on Multidistrict Litigation (MDL) consolidating cases against Wright Medical Technology, Inc.
The New York Times published an article earlier on the dangers of metal-on-metal hip replacements. The article was entitled “Remedy Is Elusive as Metallic Hips Fail at Fast Rate.” It discusses about how the surgery leaves metal debris that harms the tissues in the hip region.
Those who received hip replacements may suffer from implant failure, metallosis, tissue damage, bone loss and other hip replacement problems.
One doctor commented to the Times that “As surgeons here sliced through tissue surrounding a failed artificial hip in a 53-year-old man, they discovered what looked like a biological dead zone. There were matted strands of tissue stained gray and black; a large strip of muscle near the hip no longer contracted.”
DePuy Bound to Address Problems of Hip Replacements
Legal professionals say that several complainants have initiated court actions against Johnson & Johnson. They were the victims of DePuy hip implants failures and defects such as loosening, fractures, and displacements. Below are some symptoms of a defective hip device:
· Pain when rising from a seated position
· Pain on the thigh or groin area
· Pain bearing weight
· Pain on the hip area
· Pain while walking
In worse cases, complete failure of hip devices happen, resulting in more serious health problems. This happens when:
· the unit is dislocated and misaligned;
· the bone around the implant is fractured; and
· the device is not attached to the bone correctly.
Moreover, defective hip devices may deposit tiny pieces of toxic metal into the patient’s bloodstream. The body tissues may possibly develop pseudotumors.
Delaying Hip Replacement Surgery Through Exercise
Released in April 2011, this study revealed that exercise can actually delay and even prevent hip replacement surgeries. The source of the study's fund is the Norwegian Foundation for Health and Rehabilitation, the Norwegian Rheumatism Association, and the South-Eastern Norway Regional Health Authority.
"If you exercise early" in the course of the disease, "maybe you can prevent surgery long-term," said researcher Dr. Linda Fernandes, a physiotherapist at Diakonhjemmet Hospital in Oslo.
Hence, if patients experience any doubts and concerns about their hip surgery, they should immediately consult a doctor on their health condition.
Similar to the earlier mentioned litigation against Wright Medical Technology, there have been several DePuy lawsuit
pursued by the patients affected by metal-on-metal hip device. Other patients affected by the device should seek legal advice as regard probable compensation from DePuy Orthopaedics Inc.
Court documents reveal that in connection with the Articular Surface Replacement (ASR) hip systems, DePuy Orthopaedics Inc. and its mother company Johnson & Johnson face nearly 20 lawsuits everyday. The number of cases filed has already surpassed 2,600 and more is expected with an estimated 37,000 patients in the United States having received the devices before a worldwide recall was issued in August of 2010. Thousands have been reimbursed by Johnson & Johnson to Australians in recall claims
in other countries.
With several of the lawsuits consolidated into a multidistrict litigation, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio who is handling the MDL called for a status conference of the DePuy hip replacement lawsuit this month. The consolidated lawsuits alleged the following:
* That DePuy and Johnson & Johnson designed and sold a defective hip implant;
* That they failed to adequately warn both doctors and patients about the implants high failure rate;
* That they failed to inform the public that the implants put patients at an increased risk of metal poisoning caused by the cobalt and chromium particles which flake off from the device and accumulate in the soft tissue surrounding the implant area.
Last Nov. 8, 2011, Johnson & Johnson filed its third quarterly earnings report at the US Securities and Exchange Commission which was highlighted by litigation expenses and recall costs associated with DePuy ASR and another of its product—the Pinnacle hip implant. Various legal proceedings that Johnson & Johnson is currently defending is detailed in the report, disclosing that its “subsidiaries are involved in numerous product liability cases” in which the “damages claimed are substantial”. Latest lawsuit filings are that of Michael Schaff in the Circuit Court of Cook County, Illinois, and that of the Tucker couple—Charles and Michelle of Gaylesville, Alabama, are the latest filings.
Schaff claimed that DePuy’s alleged negligence had caused him to suffer injuries as a result of a faulty DePuy ASR hip replacement system and is seeking more than $75,000 in damages. Filing a federal lawsuit, the Tucker couple is seeking damages stemming from faulty hip replacement devices. It was claimed in the lawsuit that Charles Tucker sustained and will continue to sustain severe physical injuries, severe emotional distress, mental anguish, economic losses and other damages.
According to the report, there are approximately 3,500 pending ASR hip implant lawsuits following the Depuy ASR Recall
. Furthermore, Johnson & Johnson’s quarterly earnings report recorded $223 million in litigation expenses and additional DePuy ASR hip recall cost in the fiscal nine months of 2011. References:
It is important to know what type of hip surgery that is indicated for ones condition, what the procedure is going to be, what the device is going to be used and what are the good and bad consequences to be expected. The size of the hip cup used in a hip replacement procedure was found to be a factor for the likely occurrence of complications as expressed in the DePuy hip replacement update
. There are different types of hip replacement operations with consequent size and type of hip cup that are employed by surgeons at present. A hip resurfacing operation is one of the many hip arthroplasty methods used.The Process Of Hip Resurfacing
The good thing about this method is that there is less bone removed for the implant to be placed. For those who are not legible for a total hip arthroplasty, the most common hip replacement operation, a hip resurfacing surgery is an alternative option. The two actually have a lot of similarities. They differ, however, in the amount of bone to be removed in the operation. They differ also in the hip cup used wherein in the case of the hip resurfacing management, a cobalt-chrome metal composes the hip cup. The hip cup mimics a femoral head that us why it is hollow and mushroom-shaped. If revision of the hip device is needed, the surgeon can work with ease since there is enough bone parts of the femur left for them to work on.
Another noted advantage of this intervention is that the size of the hip cup used is large and very similar to an original one that is why dislocation is avoided. Total hip replacement uses articular interface with sizes 28 mm, 32 mm and 36 mm and dislocation is a common complication. But all in all, the greatest advantage of this operation is the bone conserving characteristic of hip resurfacing surgery.
DePuy Orthopaedics used to manufacture the hip devices ASR XL Acetebular Hip System and ASR Hip Resurfacing System but since the release of the DePuy hip replacement recall
, these alleged defective and badly-made products were removed from the market. If you feel the need to file your case, you can actually contact a skilled and efficient hip replacement lawyer. For more information about the recall and lawsuits, visit related sites available.
Many people are already aware that DePuy Orthopaedics, a subsidiary of Johnson & Johnson, have globally recalled their ASR XL Acetabular System and the ASR Hip Resurfacing System.A DePuy lawsuit is even filed by a recipient in Australia
in response to it.The National Joint Registry for England and Wales revealed their high five-year failure rate.That would mean that 1 in 8 recipients require a revision surgery to correct the damage caused by the DePuy implants.
DePuy established a claims process immediately hoping that recipients would choose not to file lawsuits instead. But DePuy have only offered to reimburse “reasonable and customary” expenses that are related to your hip device. Each claim is subject to an eligibility review and the amount recipients would receive is solely up to the company.What's worse, evidence you sign over to DePuy might be used against you to devalue your claim.
Seeing a lawyer would help you in recovering compensatory damages DePuy has a legal obligation to give.These are some of the damages a lawsuit can help you get:
Medical costs: hospital bills, physical therapy, follow-up appointments with your doctor, hiring a caregiver, tests on your hip (including blood tests, x-rays, and an MRI), and revision surgery.
Travel costs: costs related to travel to and from your doctor, medical specialist, or any other place you travel to for tests and/or treatment related to the ASR recall.
Pain and suffering: mental anguish, physical pain, the inability to enjoy your life as you once did, loss of independence, and damaged relationships.
Loss of income: past, present, and future lost wages related to your ASR testing, treatment, and recovery.
Disfigurement and scarring: caused by your revision surgery.
If you had undergone a hip replacement surgery after July 2003, you could be a recipient of a DePuy hip implant. Your orthopedist and even the hopital where your hip replacement surgery was performed could provide you with this information.To learn more about the DePuy case you can visit the hip replacement recall
The US Senate examined the FDA approval process of the DePuy hip replacement system
last April 13, 2011. The Food and Drug Administration’s (FDA) now infamous 510(k) premarket approval process, which DePuy Orthopaedics and other medical device manufacturers use to send their products to the market without subjecting them clinical trials was covered in a scheduled hearing made by the senate. Of course, a lot of us will agree that this hearing was quite predictive and many of us have been waiting for it because DePuy’s defectively designed hip replacement systems have affected thousands of people.
A special committee was created just for this case and this committee gathered people to testify against this particular medical device. Most of those who testify believe that for medical devices that underwent an approved through the 510(k) process were more likely to be subject to a recall than those that underwent clinical trials. After thorough investigations, the special committee concluded, “Internal reviews by FDA officials and other outside sources have found troubling lapses in the procedures by which a number of medical devices were approved,” and that, “the results of these investigations caused procedural and management changes to be implemented at the Center for Devices and Radiological Health in recent months.”
The move of the US government that takes the DePuy recall with the seriousness it deserves is taken positively by a lot of hip recall lawyers. However, these lawyers still believe that doesn’t do much for those who have already suffered injuries due to their hip replacements. So, for people who wants to be compensated for the damages created by this product, contact a hip replacement recall
In a website created by DePuy, a subsidiary of health-care company Johnson & Johnson, a claims process has been established aiming to reimburse hip recall victims for losses related to their injury. This was organized following the recall of their ASR XL Acetabular System and ASR Hip Resurfacing System. It was discovered that the hip replacement devices have an early 5-year failure rate in 13 percent of recipients. It is a common assumption that filing a lawsuit against DePuy is less convenient that simply negotiating with the company and receiving the amount they provide. However, a closer look at the said process would uncover a couple of aspects that would give you the desire to reconsider going through with negotiating with DePuy. Crawford and Company division, Broadspire, was hired by Johnson & Johnson to be its insurance and claims adjusting firm. Its task is to convince hip replacement recall victims to push through with reimbursement process making you sign a waiver that would grant the company the right to have access to your medical records. Your signature would then allow DePuy to use this information in whatever way they wish. Devaluating your claim would be easier if they get hold of your hip-related medical records.DePuy claims it will repay “reasonable and customary costs of testing and treatment associated” the your hip replacement injury in return for signing the form. Additionally, individual incidents will be looked into and are “…subject to review on a case-by-case basis.” That would mean that it is all up to the company alone whether or not they would reimburse you and if they would, how much.
By contacting a lawyer and discussing the alternative, filing a DePuy hip replacement lawsuit, you greatly increase your chances of recovering a fair amount in compensation for all the monetary and non-monetary losses you have had to go through.
Since the product recall of DePuy's leading hip implants, ASR XL Acetabular System and ASR Hip Resurfacing System, people have been scrutinizing the company and their previous and present actions. It has been narrated in reports that these devices have a flaw in its design that allows metal ions to leak into the the bloodstream and surrounding bone, tissue and sinew that triggers dizziness, hip pain, difficulty moving and cobaltism (cobalt poisoning). This has led to hundreds of lawsuits being filed against the orthopedic manufacturer. However, the people who are actually in the brunt end of the failings of the hip replacement units each have a story to tell. It is important to see every case as unique even though their circumstances are similar. Here are four individuals who have been highly affected by the product recall. Kim Horbas. Ms. Horbas went through a hip replacement surgery back in February of 2008. A 'clicking' sound coming from her hip was noticed a few months after the implantation. Deciding to consult her physician, it was then found out that her hip prosthesis have been damaged enough that she requires another hip surgery or what is known as a revision surgery. Virgil Lewis. Pain was experienced by Mr. Lewis subsequently after being implanted with the ASR XL Acetabular System. Deciding to seek medical expenses, emotional upset and punitive damages instead of undergoing the claims process set up by DePuy. Jacqueline Lum. The first plaintiff from Hawaii, Ms. Jacqueline Lum began feeling tremendous pain in her hip area making her take pain relievers so she can sleep at night. Additionally, toxic levels of cobalt and chromium were found in her bloodstream, an indication of metallosis. Kathleen Margenau. In March 2008, Ms. Margenau had to subject herself to another hip replacement procedure after being implanted with an ASR XL Acetabular System. She also asserted that surgeons were not informed of the defect of the hip devices although the company had knowledge of it. A common factor among these ASR hip recipients is that they chose to file a DePuy hip replacement lawsuit after being harmed by the implants. Seeking legal help would help you sort out your options and maybe gain you the compensation you needed.
When products like the DePuy ASR hip replacements are recalled, the process is more complex than just retrieving them back. The devices are implanted in the body which would mean that a series of medical evaluations, testing procedures and in extreme cases, revision surgeries are necessitated. Twelve percent of ASR recipients worldwide would require the corrective surgical procedure to avoid further health complications. What complicates things further is that the hip replacements are said to release cobalt into the bloodstream causing several more health risks
The type of hip prosthesis the ASRs fall under is metal-on-metal. This class of hip product has received numerous disapproval for being made up of cobalt and chromium which can scrape off and deposit into the body of the patient and destroy surrounding tissue and muscle. Moreover, the damage would often make revision surgery a much more delicate procedure.
Two case studies conducted by Dr. Stephen S. Tower show that “fit, well, forty-nine year old men” who have received the ASRs report of anxiety, headaches, fatigue, vertigo, hearing loss, depression, and cognitive decline. Exceptionally high levels of cobalt were found on both patients. A noticeable improvement was seen when they had revision surgery.
Tinnitus, vertigo, deafness, blindness, convulsions, headaches, hypothyroidism, and cardiomyopathy (heart muscle disease) are among the health problems a high blood concentration of cobalt can cause. A study done on female recipients revealed high levels of metal ions in their system and babies these women have carried were also passed these toxic substances.
This staggering news should push you to be even more determined to file a DePuy lawsuit
against the company. You have had the ASR device implanted hoping that it will help you with the hip problems you have encountered before. You definitely did not expect to make it even worse. The pain, suffering and financial losses you have been put through should be compensated by the orthopedic manufacturer.