DePuy ASR Hip Lawsuit Update: Rottenstein Law Group Responds to Hip Implant Expert Testimony On ASR Design Flaws

As the nation’s first DePuy ASR trial progresses into its second week in Los Angeles, a metal-on-metal hip implant expert testified Feb. 6 that the device’s design had several alleged flaws, notes the Rottenstein Law Group, which represents clients in DePuy ASR lawsuits.

According to a Bloomberg article,* Dennis Bobyn, a McGill University professor, testified in court (In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al. BC456086, Los Angeles Superior Court) that the recalled ASR’s shape and function – a less-than-half-circle metal cup in which a metal ball sits – contributed to the alleged flaws, as does its one-piece cup design. (Two-pieces is considered a better approach, Bobyn said.)

The alleged design flaws can cause metallosis (metal poisoning), which is one of the most prominent conditions for which hip implant recipients pursue lawsuits with firms such as the Rottenstein Law Group. Contact between hip components results in metal ions that enter the bloodstream. Alleged side effects include the blackening of and growth of “pseudotumors” in the surrounding tissue and adverse effects in the central nervous system.

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Quick Recap on Lawsuits Against DePuy

Hip replacement surgeries became controversial due to defective hip prostheses like the ones manufactured by DePuy Orthopaedics Inc. DePuy is a subsidiary company of Johnson & Johnson (J&J). DePuy Orthopaedics, Inc. is recently being charged with various lawsuits filed by law firms in UK, US and Australia, in behalf of patients who underwent hip replacement operations.  It is possible that the hip replacement lawsuit statute of limitations will run out. Statutes of limitations are designed to ensure that claims are filed promptly and that parties do not have to litigate issues based on old documents and potentially faulty memories.

There are around 98,000 recipients, including 37,000 in the US alone, of the ASR XL Acetabular System and the ASR Hip Resurfacing System worldwide. After the release of data presenting that these devices fail prematurely in one out of eight patients, the two devices were recalled. The manufacturing and marketing of these two devices started in 2003.

The Australian marketed DePuy devices were pulled off in December 2009. The global recall of these products was announced in August 2010.

On January 26, 2011, U.S. District Judge David A. Katz in Toledo, Ohio, appointed the claimants’ executive committee after dozens of lawyers vied for the positions of leading federal litigation against Johnson & Johnson (J&J) over recalled devices used in hip-replacement surgeries. This was reported by Bloomberg. The claimants were the ones affected by the failures and defects (e.g. fractures, displacements, loosening) of DePuy devices.

As of March 31, 2011, Johnson and Johnson had committed $280 million as a response 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.

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.

Even in the absence of any of these hip replacement symptoms, one should see a doctor for a check-up for regular assessment. With DePuy hip replacement lawsuit piling up globally, DePuy should pay attention to these the hip replacement problems experienced by its patients. It should circulate a wide range of information regarding malfunctioning hip replacement symptoms so that clients may be provided with due medical attention. To avoid much adverse effects, hip replacement problems should be dealt with immediately.

References:

• bloomberg.com/news/2010-09-03/johnson-johnson-sued-over-recalled-implanted-hip-replacement-devices.html
• arthritistoday.org/news/asr-depuy-hip-replacement-recall078.php
• nursinghomesabuseblog.com/defective-products/defects-with-depuy-hip-replacement-hardware-may-be-responsible-for-complications-following-hip-surgury/

Johnson & Johnson Hires Own Compensation Recall Company

When DePuy Orthopaedics and its parent company, Johnson & Johnson (J&J), initiated the hip replacement recall, it crafted a compensation program that would reimburse hip recipients for the “reasonable and customary” costs associated with another surgery. Thus, Johnson& Johnson employed Broadspire Services, a subsidiary of insurance agency Crawford & Crawford.

The New York Times, on December 27, 2011, published an article about the reimbursement regulations of DePuy, Johnson & Johnson and Broadspire. The article reports that “things were not going smoothly for everyone who has had accepted DePuy’s payment offer.”

With approximately 93,000 recipients worldwide, the ASR XL Acetabular System and the ASR Hip Resurfacing System were recalled after data revealed that the devices fail prematurely in one out of eight people who have them.

“It is a complete untruth that DePuy did not have reason to withdraw the ASR before now; we have been telling them since 2007, but they allowed it to be used on thousands of people,” says Dr. Stephen Graves, the director of the National Joint Replacement Registry in Australia.

“We believe we made the appropriate decision to recall at the appropriate time given the available information,” states DePuy spokeswoman, Mindy Tinsley.

Johnson & Johnson had pledged a total of $280 million in compensatory claims to the recalls, as of March 31, 2011. The company further guaranteed to “address reasonable and customary costs associated with testing and treatment.” The metal particles shed from metal-on-metal hip replacement implants may increase the amount of some metals in the blood, such as chromium and cobalt. This may cause metallosis (blood poisoning) and genotoxicity (genetic damage). Furthermore, tumors and cancer may also arise because of cobalt and chromium in the patient’s blood.

In May 2011, different engineers and medical experts created a registry tasked to track hip and knee implants, after the issuance of DePuy hip replacement recall.

” The goal is to track the more than 700,000 total hip and knee replacement surgeries that take place in the U.S. each year and, over time, record which implants failed prematurely, requiring revision surgery to fix the original operation,” David Lewallen said. He is the AJRRchairman and a professor of orthopedic surgery at the Mayo Clinic in Rochester, Minnesota.

The hip replacement recall positively urged the manufacturer to take an action on the need of the public for safe medical services and products. With the number of duly filed DePuy lawsuit increasing worldwide, DePuy should properly face the hip replacement problems encountered by its clients. It should circulate a wide range of information regarding malfunctioning hip replacement symptoms so that its patrons would be provided with due medical attention.

References:

• nytimes.com/2011/12/28/business/the-high-cost-of-failing-artificial-hips.html?_r=2&pagewanted=all

• medicinenet.com/total_hip_replacement/article.htm

• nytimes.com/2010/03/04/health/04metalhip.html

An Earlier Recall for DePuy ASR Hip Replacement should have been Done

When the complaints on metal-on-metal hip implants increased, the DePuy Articular Surface Replacement (ASR) hip systems recall should have been done immediately, according to medical experts. It had taken three years after evidence showed that the hip implants had a high failure rate, for a recall to be implemented by DePuy Orthopaedics Inc. and its mother company Johnson & Johnson, said Australian medical experts.   Johnson & Johnson had to reimburse thousands to Australians in recall claims as a result.

Before the United States and Europe recalled the two DePuy hip implants in August of 2010, Australia had done it already in December 2009.  Data from a study conducted by the National Joint Registry (NJR) of England and Wales which indicated that the five-year failure rate of this product was approximately 13 percent prompted the recall. Some medical experts claim that this data have been available since 2006.  

Aside from the data which stated that the ASR hip implants also had a higher than normal failure rate, Johnson & Johnson’s DePuy Orthopaedics also said in March of 2010 that it will phase out the devices because of declining sales.  Pointed as the reason for the hip implant’s failure just five years after it was first used is its design.  By designing a shallower cup and removing the plastic liner from the inside of the implant, DePuy had intended for patients to have a wider range of motion. The design, however, allows cobalt and chromium particles to accumulate in the soft tissue around the implant area, after they wear off from the device resulting from the friction of the ball portion of the hip implant against the socket.

More alarming is the claim that other evidence indicates that the revision rate is now at 25 percent, while some experts predict that within six years, as more of the devices fail, it could reach up to 49 percent. The defective hip implant could only be removed by a revision surgery. Although DePuy promises to compensate patients’ revision surgery, lawyers said it is not willing to fully compensate those affected. Apart from the revision surgery cost, full compensation would include the pain and suffering, emotional suffering and financial loss as a result of having the defective implant.

The DePuy hip replacement recall sparked the filing of thousands of lawsuits and complaints.  All cases filed across the country was transferred to the Northern District of Ohio and, with the consent of that court, assigned Honorable David A. Katz to handle it for coordinated or consolidated pretrial proceedings last December 2010 as based on the ruling filed by the US Judicial Panel on MultiDistrict Litigation (MDL. The DePuy lawsuit alleges that the ASR hip replacement was defectively designed and that DePuy knew that there were problems with the implant early on but didn't do anything to let patients or their surgeons know about the possible problems.

References:

m.smh.com.au/national/health/three-years-to-recall-problem-implants-20110927-1kvik.html

world.einnews.com/pr_news/59900568/asymptomatic-metal-on-metal-hip-replacement-patients-may-still-be-experiencing-tissue-damage

forthepeople.com/depuy-metallosis-depuy-hip-implant-recall--12-3189.html

nytimes.com/2010/03/10/business/10device.html

moriarty.com/depuy_hip_recall/Stay_Informed/What_is_Metallosis/

orthosupersite.com/view.aspx?rid=40090

Components Of An Artificial Hip Replacement Device

In an update regarding the DePuy hip replacement recall, the U.S. Food and Drug Administration's statement about the latest surveillance report conducted for DePuy Orthopaedics was published:

    “As part of the post-market surveillance, DePuy is continually evaluating data from a variety of sources including national joint replacement registries, published literature, company sponsored clinical trials, internal complaints data and unpublished clinical research reports. As part of the post-market surveillance activities, the firm recently received and analyzed new data regarding the ASR platform which suggests a higher than expected revision rate for the ASR XL Monoblock Metal-on-Metal (MoM) System linked to usage of monoblock MoM cups with corresponding head sizes below 50mm in diameter. As a result of the findings, DePuy Orthopaedics issued a Field Safety Notice to share the new data with the surgeons and reiterate the importance of correct implant positioning and patient selection in achieving optimal implant performance and survivorship.”

If you are considering to have a hip replacement surgery, you can ask your doctor what type of hip replacement prostheses that is suitable for your condition. The following are the components of a hip replacement prostheses considered by the presiding surgeon:

•  ACETABULAR CUP

    In the procedure, a lining on the concave part of the hip socket is fitted and this part of the hip prostheses is called the acetabular cup. This is secured using friction or through the use of a special kind of cement.

•  FEMORAL COMPONENT

    For those with conditions that reached the femoral bone, a femoral component is also included. Cement and non-cemented femoral components are available which allows it to be secured to its right location.

• ARTICULAR INTERFACE

    The part that is located in the middle of the femoral component and the acetabular cup is called the articular interface. A simple ball and socket joint comprises the articular surface. It can be of different sizes: 28 mm, 32 mm and 36 mm and selecting the appropriate size is determined by the diameter of the femoral head or the diameter of the inside of the hip socket.

It has also been stated in the report that research shows those who experienced premature complications due to the hip replacement device tend to have smaller hip cups. It is important to be that you are knowledgeable what hip replacement product is used and what component was advised to use for your operation. For those who are interested to file their own case against DePuy Orthopaedics, you can consult an efficient lawyer to help you raise your case and you can be updated about the latest news about the DePuy hip replacement recall through available sites.

DePuy Mass Tort Litigation: When To Receive Settlement

The specific date a settlement offer is expected have been inquired by most DePuy hip recall patients. The ongoing DePuy lawsuit is categorized as a mass tort litigation. Claiming settlement from a mass injury lawsuit is not as simple. To be able to fully recoginze its implications, it is best to get a closer study on what mass torts are.

Mass tort litigation is a somewhat new practice area in law. It is demanding and complex legal aspect that involves numerous plaintiffs filing a lawsuit against one or several corporate defendants in a state or federal court. In this type of litigation, complainants are injured by a defective product, dangerous substance or a man-made disaster in a similar fashion.

Companies which have been filed with this kind of lawsuit are usually ones which have not invested much in research and development. Insurance companies often decline to give these companies security against anticipated loss for this reason. Most pharmaceutical companies and manufacturers have become wary because of the rise in mass torts.

A more advanced technology has spurred hundreds of medical progress. Companies are taking advantage of this and pushed them to create more advanced products than before. However, several manufacturers did not take the necessary actions to ensure their products are safe for public consumption. A population's risk to potential injury these products or substances cause have increased mostly because of mass marketing. A number of companies are veritably allocating a certain budget allowing their products to undergo safety tests.

Victims of defective products usually undergo identical circumstances although the extent of inflicted harm vary among each individual. Despite it being several petitions being made into one lawsuit, each claimant's case is considered unique. Details of mass tort litigations never follow a single pattern.

Determining the exact date wherein a DePuy settlement is expected is nearly inconceivable. In the case of DePuy's lawsuit, more recipients of the defective hip implants are seeking legal counsel to recover damages. Having a detailed knowledge about the ongoing litigation works to your advantage if you are a victim of the DePuy recall. Updates are often posted on websites that focus on the DePuy settlement reassuring you that filing a lawsuit against the orthopedic manufacturer is the best decision you have made yet. Contact a lawyer today for a free consultation when you visit the ASR Hip Replacement Recall Website.

Avoid Further Damage Through This DePuy Hip Recall Update

When the hip replacement recall happened, the manufacturer began facing an increasing number of lawsuits. DePuy successfully moved the federal Judicial Panel on Multidistrict Litigation (MDL) to consolidate all these lawsuits into one case before federal District Court Judge David Katz of the Northern District of Ohio in Toledo late last year. After this, things started moving efficiently even though there was a slight delay on the scheduled status conference. So, on April 5, 2011, each plaintiff were required to file a short-form complaint and DePuy to file a single master abbreviated or short-form answer after the court issued the Amended Case Management Order No. 4. Plaintiffs are now allowed to claim damages under 23 specific causes of action as an addition to the ones they choose to assert after this Order No. 4 was issued. Like simple negligence and strict products liability. The order also allows plaintiffs to claim the following types of damages, among others like injury to self and wrongful death.

Meanwhile, DePuy’s master answer may contain 32 individual defenses. If we think about it, these responses can be traced back to the first DePuy hip replacement lawsuits like those portions addressing limitations of damages such as punitive damages.

Precise legal definitions are contained in all these terms. Hip replacement lawyers must prove every cause of action they assert against DePuy, and they should expect DePuy to defend against them. It is critically important to contact a competent hip replacement lawyer if you have not done so already as the Case Management Order No. 4 allows those affected by the hip replacement recall to make many claims against DePuy and the amount of compensation at stake in the many types of damages. Clearly, this DePuy hip recall update must be taken seriously to avoid further damage.

DePuy Hip Replacement Recall Reaches Global Scale

Since their manufacture, two DePuy hip replacement devices have been filed complaints against in the U.S. Food and Drugs Administration. Numerous reports indicated that the ASR XL Acetabular System and ASR Hip Resurfacing System were found to fail too early for an artificial hip. After the initial hip surgery, recipients find that the devices fail within 5 years. Victims often complain of pain, numbness and difficulty walking. In extreme cases, a total revision surgery is required.

Ninety-three units of the said ASRs were recalled worldwide in August 2010. Concerned recipients have consulted with their orthopedist to have themselves assessed for any damage the defective implants may have inflicted. The implants were discovered to have a design flaw that made its components rub together which leaks metal ions onto neighboring bone and tissue. This in turn could lead to cobalt and chromium poisoning.

Unlike in the United States, other countries such as Australia and Great Britain have started to withdraw the DePuy devices at an earlier time. Written alerts from the company were issued in April and May of 2010. In an attempt to persuade recipients in Europe to hand over their surgically removed hip implant, DePuy requested affiliated doctors to convince their patients to sign over the right to their hip devices. Lawyers vehemently advise their clients not to sign any documents until they get to read it since there is reason to believe DePuy might destroy vital evidence when they get their hands on the implant and medical records.

Similarly, in the United States, DePuy have given orthopedists a letter for them to give their patients. The letter have the following included: a sample patient cover letter, an information for patient letter, and a medical release form which when signed, would grant DePuy access to the patients medical records and if the case applies, the explanted hip replacement.

You medical information is yours to keep. You should be wary about giving away your rights to the same company that has placed you in harms way in the first place. It is best to speak with a hip lawyer who would protect your rights and interests and would help you in your fight to recover the losses you have been put through. For more important details on the matter, you might want to visit the DePuy hip replacement recall site.

DePuy Lawsuit Plaintiffs Should Refrain From Going To So-Called “Joint Registry” Sites

If not for the efforts exerted by joint registries such as those in England and Australia, the high failure rate of the ASR XL Acetabular System and ASR Hip Resurfacing System, both manufactured by DePuy Orthopaedics, would not have been put to light. It was discovered that these hip replacement devices make one in eight DePuy recipients requiring a second hip replacement surgery or a revision surgery.

It is for this reason that some entities have pushed for a similar joint registry to be established in the United States. However, you should be wary of websites claiming they are government-run joint registries and that registering in their system would help you further in monitoring the status of your hip replacement. A law firm in New York has deceivingly set up such a website that just actually give them potential 'leads' for clients. They even went so far as to give out press releases from Washington DC.

Currently, there are only two recognized efforts being made that aims to put up joint registries domestically. Initiated by the American Academy of Orthopaedic Surgeons, the American Joint Replacement Registry is underway and is seeking to help orthopedists and patients alike. The other is mandated by the government and will monitor patient outcomes in six hopitals where most orthopedic surgeries are performed.

A professional law firm does not need to hide behind deceitful claims just to be able to help you with your legal battle against DePuy. If you wish to seek legal counsel for a DePuy hip replacement lawsuit, an experienced lawyer would assess your status efficiently and effectively.

MDL Proceeding To Be Held In Northern District Of Ohio

A Judicial Panel has decided to appoint an Ohio judge to oversee the Multidistrict Litigation (MDL) of federal lawsuits filed against Johnson & Johnson. Evidence-gathering efforts will be supervised by U.S. District Judge David A. Katz and will be held in Toledo. Hundreds of lawsuits have been filed by recipients of the recalled DePuy ASR XL Acetabular System and ASR Hip Resurfacing System as studies indicated their tendency to fail sooner than was expected.

In the hearing set to happen on November 17 in North Carolina, the panel of seven federal judges has heard arguments from five plaintiffs as well as from DePuy as to where the pretrial litigation should take place. Various recommendations were offered by all parties including Chicago, New Orleans, North California and Warsaw, Indiana. No one suggested Ohio.

The Panel's choice of district court were explained through two separate reasons claiming, “Centralization…in the Northern District of Ohio will serve the convenience of parties and witnesses and promote the just and efficient conduct of the litigation.” In addition the Transfer Order also said, “Centralization…will eliminate duplicative discovery, prevent inconsistent pretrial rulings on discovery and other issues, and conserve the resources of the parties, their counsel and the judiciary.” The MDL process is intended to organize the exchange of evidence and avoid duplication. Once pretrial proceedings are done, each case is sent back to be tried in the courts they were first filed in.

If you have been victimized by the apparent neglect DePuy made, you should seriously consider hiring the expertise of a lawyer to work with you in filing a DePuy hip replacement lawsuit. As DePuy could only promise to reimburse out-of-pocket expenses, you have a legal right to claim damages for non-monetary losses as well. Updates are always available when you visit the DePuy hip lawsuit information center.

The Different Types Of Medical Procedures You May Need After DePuy Hip Recall

It has become imperative for recipients of the recalled DePuy hip replacements to consult with their orthopedist to have themselves evaluated for their current health conditions. Defective units of the manufacturer's ASR XL Acetabular System and ASR Hip Resurfacing System were sold internationally and it would mean that the patients who have received the implants are at risk of health complications. Currently, victims have been filing DePuy hip lawsuits to claim damages.

When you have been implanted with an artificial hip device, it is important to make sure what brand of artificial hip was implanted in your body. Your surgeon or the hospital where the surgical procedure took place could give you this information. If you find out that what you have is in fact a DePuy ASR hip replacement, you may need to undergo further testing to determine the condition of the implant.

Recipients of the ASR were instructed through DePuy's website to “…return to the surgeon’s office for a follow up visit including clinical assessment and radiographic evaluation…blood testing for cobalt and chromium ion levels…and/or a MARS MRI or ultrasound if necessary.” Any testing you may need is based on what your surgeon thinks is best. One in eight patients require revision surgery. It is also possible that toxic metal debris is deposited in your body that is why you may have to undergo more specific testing procedures. To ascertain that you may protect yourself against further damage, you may need the following tests:

• Blood test that will determine the cobalt and chromium levels in your blood. A second blood test three months later may be necessary when results show that your blood has concentrations greater than 7 parts per billion of these ions.

• Your doctor may advise you to take a MARS MRI and/or an ultrasound when results of the second blood work reveals cobalt and chromium concentrations greater than 7 parts per billion.

• A revision surgery may need to take place when there is evidence of tissue damage.

• If by chance, your cobalt and chromium blood concentrations are lower than 7 parts per billion, you might still need to be tested annually.

Inasmuch as the health aspect of the situation is very important, you should also be aware that you might have to take action against DePuy for subjecting you to these series of problems that you should not have to experience. The DePuy Hip Recall Lawsuit Site may give you the answers to some of your queries regarding the ongoing litigation.