• Vena Cava IVC Filter Lawyers- IVC Filter Helpline:   Bard and Cook IVC Filter Lawyers Lawsuits are being filed  because the IVC (Inferior Vena Cava) Filters have been linked to migration and perforation of various organs in the body. An IVC (In...

  • Omni Life Hip Apex Arc Replacement Lawyers: Omni Life Apex ARC Hip Replacement Lawyers OMNI Life Science’s ARC hip Replacement has a  chromium and cobalt ball connecting to a titanium stem, is a metal-on-metal design. This hip replacement is l...

Posts Tagged ‘DePuy attorney’

Medtronic Infuse Bone Graft Helpline, Infuse Bone Graft Lawyers

Written by lisaspitzer on . Posted in Stories and Sharing

 

Medtronic Infuse Bone Graft lawyers, Medtronic Infuse Bone Graft Helpline

DePuy Hip replacement helpline all Orthopedic related  dangerous device updates

Written by Injury Lawyer

 

 

May 16, 2012

. Posted in Accident Injury lawyer

Injury Lawyers  announce launch of Medtronic Infuse Bone Graft Lawsuit  Division and Medtronic Infuse Bone Graft Helpline
to educate individuals and families harmed by  off-label bone graft procedures and to help them understand the complications and how to pursue legal action with a Metronic Infuse Bone Graft Lawyer.

Medtronic faces an increasing number of product liability and personal injury lawsuit. Most recently, a Louisiana man, filed a lawsuit alleging that the company’s Infuse bone graft caused unwanted bone growth along his spinal cord, which worsened his back pain following a lumbar fusion.

The plaintiff, Martin Gavin alleges that Medtronic concealed information about the risk of complications from the Medtronic Infuse bone graft.

What is Medtronic Infuse?

Infuse, also known as bone morphogenetic protein-2, is a powerful bioengineered agent used in spinal fusion surgery. The product stimulates bone growth and eliminates the need to harvest a small amount of a patient's own bone to create a fusion between two vertebrae. As a result, it is highly popular with spine surgeons.

FDA Approved Infuse for limited use

The FDA approved Infuse in 2002 for use during anterior lumbar fusion surgeries. But as a result of slick and pressured marketing, it has been widely used off-label for a number of other types of spinal surgery, which have been found to increase the risk of severe adverse side effects.

Plaintiffs allege that they were never told that the Infuse was only approved for single-level anterior lumbar fusion, and had ever been adequately tested or approved for the type of spine surgery they underwent.

Medtronic Infuse Off Label Use

Off-label use of the Medtronic Infuse bone graft during procedures other than single-level anterior lumbar fusion have been linked to the growth of bone in those areas, leading to swelling and nerve damage.

FDA 2008 Warning

The FDA issued an alert in 2008, advising doctors not to use the Medtronic Infuse in neck or cervical spinal fusion procedures. The FDA had received numerous adverse event reports, involving potentially fatal complications that included swelling of the neck and respiratory difficulties.

U.S. Department of Justice investigation

The U.S. Department of Justice initiated an investigation focusing on the actions of Medtronic in 2008. The U.S DOJ was particularly interested in investigating whether Medtronic illegally promoted and marketed the Infuse bone graft for uses that were never approved by the FDA.

Other Medtronic Infuse Side Effects

Last year, concerns also emerged that the Medtronic Infuse bone graft may increase the risk of cancer. There have also been concerns that med treated with Medtronic Infuse may face a risk of sterility.

Shareholders said Infuse sales and Medtronic's share price fell after the company revealed that the U.S. Department of Justice was probing off-label marketing and the U.S. Senate began its own inquiry.

he Infuse Bone Graft is  manufactured by Medtronic. The infuse Bone Graft is a  biologically-engineered protein (known as rhBMP-2) that is used to promote bone growth and replace damaged spinal discs. It is used in conjunction with a metallic cage implant (LT-Cage Device) that works to stabilize the spine as the new bone grows. Infuse Bone Graft is designed to reduce the pain and complications that are associated with treating degenerative disc disease (DDD) by eliminating the second surgery that is typically required to remove bone from a patient’s hip for transplantation to the spine for repair.

FDA Alerts on the Infuse Bone Graft

The FDA put special emphasis on the fact ”that the safety and effectiveness of rhBMP in the cervical spine have not been demonstrated and these products are not approved by FDA for this use.”

The FDA stated that they had received at least 38 reports of complications during the last 4 years with the use of rhBMP in cervical spine fusion. These complications were associated with swelling of neck and throat tissue, which resulted in compression of the airway and/or neurological structures in the neck. Some reports describe difficulty swallowing, breathing or speaking. Severe dysphagia following cervical spine fusion using rhBMP products has also been reported in the literature.

The Infuse Bone graft has been Approved for

DDD occurs when a spinal disc deteriorates to the point of causing back pain, a diagnosis that must be confirmed by history and x-rays. Spinal fusion is a surgical method used to treat DDD and involves removing the damaged disc and replacing it with bone graft that will fuse – or join – the two adjacent vertebrae together in order to stabilize the spine. Infuse Bone Graft is used in over 100,000 U.S. spinal fusion surgeries each year.

Infuse Bone Graft is currently approved by the U.S. Food and Drug Administration (FDA) for use in anterior spinal fusion of the lumbar spine, as well as for the repair of open tibial shaft fractures and two minor dental procedures.

                                                                 Infuse Bone Graft should not be used  for

  • Women who are pregnant or who suspect pregnancy
  • Individuals with infections near the area of the surgical incision
  • Individuals who have had a tumor removed from the area of the implantation site
  • Individuals who currently have tumors in or near the area of the implantation site
  • Individuals whose bones have not stopped growing
  • Individuals who are sensitive to titanium, titanium alloy, bovine (cow) Type I collagen or rhBMP-2.

The Infuse Bone graft is being Used for off label not FDA approved Use

The FDA originally approved Infuse Bone Graft in 2002 but as with many drugs and devices, off-label use of Infuse Bone Graft was permitted once the device received FDA approval. The practice of using a drug or device off-label is permitted if physicians believe it will benefit their patients and if they fully advise their patients of the risks associated with the off-label use. In July of 2008, the U.S. Food and Drug Administration issued a warning to healthcare providers about reported life-threatening complications associated with the off-label use of Infuse Bone Graft for cervical (neck) spinal fusions. This warning was issued in response to 38 reports of complications received by the FDA between 2004 and 2008. These complications include neck and throat swelling leading to airway compression, swallowing and breathing difficulties, as well as problems with speech. In the warning, the FDA noted that “the safety and effectiveness of rhBMP in the cervical spine have not been demonstrated and these products are not approved by FDA for this use.”

Infuse Bone Graft lawyers are Filing lawsuits for complications from the infuse bone graft

The Medtronic Infuse Bone Graft has been linked to life-threatening complications in patients who were given Medtronic off-label. Medtronic bone graft complications include swelling of the airways, which can cause difficulty breathing, speaking and swallowing. Medtronic Infuse has also been linked to retrograde ejaculation which can lead to male sterility. A number of Medtronic lawsuits allege the manufacturer illegally promoted the Medtronic bone product for off-label uses.

Speak to  a Medtronic Bone Graft Lawyer

If you or someone you know has experienced complications after being treated with a Medtronic bone growth product call the medtronic Bone graft helpline today. Our lawyers   are  currently reviewing  Medtronic lawsuits nationwide.

 

 

 

 

DePuy Hip Replacement Lawyers Filing DePuy Lawsuits

Written by lisaspitzer on . Posted in Stories and Sharing

DePuy Hip Replacement Helpline is reaching out to all victims of a failed DePuy to watch the statute of limitations. It is time to file your DePuy Lawsuits, If you have had revision surgery, or have been told you need revision sugery fir your failed DePuy Hip Replacement contact us today, We are also looking at cases for cobalt and chromium toxicity. See the interesting article on the Depuy Lawsuit statute of Limitations below. NOTE : We are also accepting Stryker Hip replacement lawsuits for the Stryker hip replacement recall.

Will DePuy ASR Hip Implant Claims be Paid Once the Statute of Limitations Has Passed?
The DePuy ASR hip implant claims are being directed through Broadspire, a leading third-party administrator to employers and insurance companies. Few of those harmed by the implant are fully cognizant of the extreme level of sophistication of such firms. Johnson & Johnson and DePuy have engaged Broadspire to engage in damage control as well as downplay the public outcry regarding the huge 2010 hip implant recall. In its role as a risk management firm, Broadspire will use the claimant data related to medical reimbursement requests to garner as much knowledge about the patients as possible.

 Will Broadspire Continue to Pay Benefits on the DePuy Lawsuits?

Those recipients of hip implants who are in the throes of adverse medical events related to the hip implant should take a look at Broadspire’s website in order to fully grasp the levels the company will go to in order to use privileged medical records for the benefit of their client, Johnson & Johnson and DePuy. The Broadspire website additionally boasts of an entire panel of medical professionals at their disposal leaving one to wonder how critical patient medical files will end up being used against the victims.  Since many of those harmed by the hip implant system currently rely on the reimbursement benefits which help cover co-pays and deductibles, they are questioning whether those benefits will continue.  In other words, will Broadspire continue to pay those benefits following the statute of limitations in August of 2012?

 Is DePuy Hip Replacement the Reimbursement Process Contractual?

The reimbursement process currently in place for those who have suffered medical issues due to the metal-on-metal hip implant is neither a contractual nor promised benefit therefore can be withdrawn or changed at virtually any time by Johnson & Johnson and DePuy. It has been speculated that the sole purpose of Broadspire’s reimbursement program is to exert influence on victims of hip implants persuading them to forego the pursuit of a legal claim. For those claimants who may be barred from a civil claim due to the statute of limitations the question remains as to whether DePuy and Johnson & Johnson will hold up their ethical end of the bargain and continue to pay these reimbursements.

 The Harmful Effects of Metallosis and Cobalt, Chromium Toxicity

 For those recipients of the metal-on-metal hip implant who have suffered metal toxicity, it’s important to note that the specific injuries associated are quite significant yet may not manifest for three to six years following implantation. Kidney and liver disease as well as certain types of cancer may occur as a result of the toxic metal buildup in the bloodstream but victims may not be aware of these serious diseases until much later. This means that many of those who have a hip implant may not fully recognize the extent of their injuries until after the expiration of the time limits, leaving them with little recourse. These victims deserve the same compensation for medical expenses, lost wages and pain and suffering that any victim does, yet may find that avenue lost to them forever.

 The Risk to patients with a failed DePuy Hip Recall injury

 Since the law does not specifically mandate that Johnson & Johnson and DePuy make the reimbursement payments beyond the statute of limitations, it stands to reason that they will direct Broadspire to discontinue those payments. Should recipients of hip implant systems who are currently receiving reimbursement payments risk losing those payments? Unfortunately there is nothing in writing that will prohibit these corporate giants from ceasing payments. The highly experienced attorneys who have extensive knowledge of the entire metal-on-metal hip lawsuits believe future considerations and medical expenses may be discounted unless these corporations are held legally accountable.

 It is not advisable for any victim of a metal hip implant to trust in the word of DePuy and Johnson & Johnson when there is no legal mechanism in place to force them to back up that word. Recipients of the metal implants may have been exposed to much higher than normal levels of chromium and cobalt which can alter their health and their future. Some of the long-term effects from such exposure include decreased kidney function, adverse neurological effects, cardiovascular issues, hearing problems, lymphoma or disease of the thyroid gland. Because each individual’s case is unique, it must be evaluated on the specific characteristics and injury suffered.

 Broadspire Already Denying Legitimate DePuy Hip Replacement Claims

 Many victims of the metal-on-metal hip implant find they have suffered significant decreases in their vitality, energy and overall health status. Tissue damage and necrosis or joint damage may have resulted by the time the diagnosis is made, leading to significant impairment of mobility and range of motion. Many recipients of these devices find they are no longer able to enjoy the activities and hobbies they once did and may not even be able to perform routine day-to-day tasks. Even so, Broadspire has routinely denied reimbursements based only on their opinion that the injuries were not directly relatable to the defective hip implant. Though the patients’ physicians have gone to bat for them, disagreeing with such arbitrary assessments, Broadspire continues to sidestep their client’s responsibility. Several victims of the hip implant have claimed significant bone loss and joint destruction only to find that Broadspire disallowed their claims, calling the injuries “chronic.”

 Statute of Limitations Variations for the DePuy lawsuits

At least twenty-eight states have product liability statutes of limitation which are two years or less, therefore for unrepresented victims of the metal-on-metal hip implant, the time could be short and legal representation is encouraged. As with many defective medical products, the legal restrictions and protections afforded the corporations could potentially leave many hip implant victims with few options or legal recourse.

To file your DePuy Hip replacement lawsuit call the Helpline today.

NEW HIP REPLACEMENT RECALL NEWS

New Stryker Hip Replacement Recall, Metal Components Hip Replacement
Stryker Orthopaedics Recalls Rejuvenate Modular Hip System

New Stryker Hip Replacement Helpline and Stryker hip replacement lawyers offering help to people with a failed Stryker hip replacement

In July 2012, Stryker Orthopaedics voluntarily recalled its Rejuvenate Modular Hip System. The recall includes both Stryker’s Rejuvenate Modular and ABG II modular-neck hip stems.
Probelms include:

  •     Joint loosening and dislocation of the connecting joint
  •     corrosion and fretting of the device
  •     metal debris leading to metal  toxicity
  •     Inflammation of  surrounding tissue
  •     allergic response
  •     Broken devices in the hip after the surgery

DePuy MDL Status Reports, DePuy Hip Replacement Lawyers

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

DePuy Hip Replacement Helpline Reports On Upcoming DePuy ASR MDL Status Conference Set For July 25, 2012

 On June 11, 2012, the Honorable David A. Katz, who is overseeing  the DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation ("MDL No. 2197"), currently  ongoing in the U.S. District Court for the Northern District of Ohio, issued an order scheduling the next status conference in the DePuy ASR MDL for July 25, 2012 at the Carl B. Stokes U.S. Courthouse in Cleveland, Ohio.The  bellwether trials of metal on metal hip replacement lawsuits In DePuy ASR Hip MDL  will be  scheduled.

The last DePuy ASR MDL status conference was held on June 5, 2012 in Philadelphia, Pennsylvania. The lawyers leading the litigation are working to schedule first bellwether trials. The first federal bellwether trial is expected to take place in Spring 2013. The first state court trial is scheduled to take place in Nevada in December 2012, with another state court trial set for January 2013 in Maryland.

DePuy Hip replacement Helpline is reaching out to all victims of the metal on metal hip replacements to contact a DePuy Hip Replacement lawyer and the DePuy Hip Replacement Helpline.

DePuy Hip Replacement Helpline lawyers are currently filing hip replacement lawsuits in the DePuy ASR MDL. They are also reviewing cases for metal-on-metal DePuy Pinnacle hip replacements. There is a current DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation ("MDL No. 2244"), which is currently underway in the U.S. District Court for the Northern District of Texas. There is also a current metal hip implant by Wright Medical Technology, Inc. Thus is the  Wright Conserve hip replacement  which has beeb consolidated in In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation ("MDL No. 2329").   This  is now pending in the U.S. District Court for the Northern District of Georgia.

DePuy Hip Replacement Helpline and the DePuy Recall lawyers want to hear from you without delay.

J & J News Update, DePuy Hip Replacement Lawyers

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

DePuy Hip Replacement Helpline Breaking News. De Puy Hip Replacement Lawyers still accepting lawsuits for a failed DePuy. Johnson & Johnson will complete its $19.7 billion acquisition of Synthes tomorrow, closing its largest deal ever.
The Synthes purchase allows Johnson & Johnson to move more aggressively into the orthopedic surgery market. Swiss Synthes makes a wide variety of medical devices, from metal disks that fit into spinal cords to plates used to fuse broken bones together. To receive approval from both U.S. and European regulators, Johnson & Johnson agreed to divest its DePuy Orthopaedics subsidiary to Biomet.

J & J is  recognized for their business acumen but, what about all the victims injured by their product ? As  geriatric social worker I have great concern for seniors having to go thru numerous revision surgeries for their De Puy Hip Replacement. If you have a metal on metal hip replacement and have had or have been told you need revision surgery or have metal on metal toxicity call the DePuy Hip Replacement Helpline today. You must speak to a De Puy recall lawyer.

DePuy Hip Replacement Lawyers, DePuy Hip Replacement Lawsuit

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

DePuy Hip Replacement Helpline keeps our readers updated on all new DePuy Hip Recall Lawsuit news. You must file your lawsuit now. Time is running out for filing your DePuy lawsuit. New DePuy Hip Replacement news follows.  On April 25, 2012, the European Parliament’s Environment and Public Health Committee unanimously passed a resolution seeking to create a medical implant registry, which will allow health officials to implement measures to help track failure rates of dangerous medical devices, such as metal-on-metal hip implants.* In addition to creating a medical implant registry, the resolution also contained recommendations to keep patients safe from dangerous medical devices, such as: vigilant monitoring, product traceability, and establishing a pre-market authorization system. The case of defective metal-on-metal hip implants and other dangerous medical devices “have shown a failure of the current system of certification of compliance . . . as well as of the controls of the notified bodies and their surveillance by national competent authorities,” the Members of European Parliament (“MEPs”) said.

European Parliament Calls For Strong Measures To Avert Future Metal-On-Metal Hip Implant Disasters

According to the resolution, European Union legislation to monitor dangerous medical devices will be revised this year. MEPs hope to improve the transparency and raise the criteria for checks, inspection, market surveillance and information sharing of adverse effects from dangerous medical devices. One aspect of the resolution aims to strengthen traceability and coordination of devices such as metal-on-metal hip implants, which will make it easier for patients and health care professionals to report adverse events. The resolution calls for a pre-market authorization system for dangerous medical devices to help patients be aware of the devices’ risks. The system will allow information to be exchanged so that it will be easier for patients to be notified of defects; it also includes a protocol for patients to obtain compensation if they are injured. Finally, the resolution suggests creating a single European database to bring together information about medical devices on the market, including device registration, surveillance, clinical investigations, notified bodies and EC certificates issued.

Dangerous Medical Devices Such as  DePuy Metal-On-Metal Hip Implants Lead to  DePuy hip Replacement lawsuits.

Individuals who suffered from defective devices such as metal-on-metal hip implants are filing lawsuits against metal hip manufacturers to seek compensation for their injuries. The lawyers at Bernstein Liebhard LLP are actively involved in numerous litigations concerning metal-on-metal hip implants, including: In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), which is currently underway in the U.S. District Court for the Northern District of Ohio and In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation (“MDL No. 2244”), which is currently underway in the U.S. District Court for the Northern District of Texas. The firm is also investigating cases concerning another metal-on-metal hip implant manufactured by Wright Medical Technology, Inc. Lawsuits involving this hip replacement were recently consolidated in In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation (“MDL No. 2329”), which is now pending in the U.S. District Court for the Northern District of Georgia.

DePuy Hip Replacement Helpline Is Seeking All Recipients of the DePuy Metal On Metal Hip Recall

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

The DePuy Hip Replacement Helpline is seeking all recipients of a failed DePuy to assist with finding a DePuy lawyer to file a DePuy lawsuit. Time is of the essence.

The Depuy Hip Replacement  Helpline is concerned about all recipients of a failed DePuy Hip Repalcement recall. The Deadline to have all recalled DePuy ASR metal on metal hip implant recipients identified and eligible for filing legal action in some states  may be just two months away. If you have a DePuy Hip Replacement you must act now. Do not wait.  We must get every recalled DePuy ASR hip implant recipient identified and medical files reviewed before it is too late. Many recipients have not seen a doctor and must go and be examined  if the hip implant has failed yet, or not. We are extremely  concerned  about all the failures and potential need for revision surgeries. If you have a DePuy Hip Replacement we want you to call us immediately. The DePuy hip replacement Helpline will  get every DePuy ASR hip implant recipient  to an attorney  In August of 2010 the DePuy ASR was recalled. The DePuy Hip Replacement Helpline and our geriatric medical social worker wants all seniors with DePuy ASR hip replacements to call us.  For more information about the DePuy ASR hip implant recall please call the DePuy Hip Replacement Helpline.

In 2010, problems with the DePuy hip implants began receiving significant press coverage.  Data from the National Joint Registry of England and Wales suggested that the DePuy ASR implants had excessively high failure rates.  Researchers determined that there was a five-year revision rate of approximately 12% for the ASR Hip Resurfacing System and 13% for the ASR XL Acetabular System.  Due to these staggering statistics, a worldwide recall was issued.

Watch For the Following Faiing or starting to fail DePuy Hip Replacement signs

  • Continuing hip, groin, leg, or low-back pain;
  • Audible clicking, clacking, or crunching sounds coming from the ASR device and hip implant location
  • The sensation that one's hip is not in place, especially when starting a movement, such as standing up or starting to walk or sitting down.
  • Increased difficulty in hip range of motion and in ability to do physical activities

Filing your DePuy Lawsuit About to End, August 2012 Deadline to File a DePuy lawsuit, get a DePuy lawyer Today

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

Breaking news; If you were injured by the DePuy hip Recall You must file your lawsuit now. Filing deadline August 2012
Most DePuy ASR Lawsuits Must Be Filed Before August 2012

Posted May 18, 2012 4:57 PM
DePuy ASR hip implant patients in most states who do not file lawsuits before August 23, 2012 may lose their rights to compensation or to file a lawsuit. Every state has a law called the statute of limitations that sets a limited time period in which a lawsuit for compensation can be filed. If a person with a legal claim or legal case fails to have a lawsuit filed on their behalf within this time period their claim can be forever barred. In summary, people who do not assert their rights in court within a limited time lose those rights and can never thereafter bring that claim.
Why is the Statute of Limitations for Most ASR Hip Implant Patients This August?
Every state has its own time limit for filing lawsuits called the Statute of Limitations. DePuy and Johnson and Johnson, the manufacturers of the ASR Hip Implant, have a right to have lawsuits dismissed or decided in their favor regardless of the injuries if the lawsuit is not filed in time to comply with the statute of limitations.
Most states in the United States use a two year time period for the statute of limitations. Other states may have a 1 year up to a six year time period for the statute of limitations. Different states use different rules to calculate when these time periods start running and when it is too late to bring a lawsuit. These calculations can be difficult to make and there have been many lawsuits over the running of the statutes of limitations in different types of cases. Each person’s case should be carefully evaluated individually by an experienced lawyer because individual circumstances can affect calculating this time period. This blog is for general information and awareness and you should not use this information to make your own calculation to rely on for your case for the statutes of limitations.
This two year statute of limitations will run for many DePuy ASR hip implant cases because the official DePuy Recall Notice that received widespread publicity was issued on August 24, 2010. The two year period from that Recall Notice will expire on August 23, 2012. Thus, lawsuits for injured ASR patients must be filed in those states with a two year statute of limitations or it may be too late for those patients to make a claim.
Which States Have a Two Year Statute of Limitations
Arizona, Alabama, Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, North Dakota, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, and West Virginia are the states with a two year statute of limitations for injury cases.
However, the calculations used to measure the two year time periods are different in different states and it is important to have each case calculated by an experience attorney to be sure that the time period does not run out before the lawsuit is filed.
For example, the two year statute of limitations in Virginia is unusual in that the two year time period in that state runs from when the person first has pain or is aware of an injury even if that was before the recall of before they had any idea that DePuy might be responsible. So in Virginia it is likely that the statute of limitations may have already run on some cases where the person had pain from their hip implant before the recall date. It is possible that someone reading this blog could have a statute of limitations that will run tomorrow or next week!
Immediate individual legal advice is critical to making sure that the Statute of Limitation is not missed.
There are many states other than those listed above that have a statute of limitations of two years from the date of death if the implant caused a death. Some states have longer statutes of limitations for injury cases than for death cases.
Are There Exceptions to the Statute of Limitations?
There are few exceptions to the Statute of Limitations. One of the clearest is the Sailors and Soldiers Relief Act which can toll the statute of limitations for some active members of the military while they are in the service of our country. Tolling of the Statute of Limitations means that the time period is stopped from running. That means that some active military people could wait many years before having to file their cases. Our firm has had other types of cases where the statute of limitations has been tolled for decades while a military person is in active service.
Many states have what is called a “Discovery Rule” which means that the Statute of Limitations does not start until a person would reasonably know that they might have a liability claim. I believe many judges would rule that the widespread public dissemination of the DePuy Recall Notice of August 24, 2010 would start the clock running on the statute of limitations even if an individual person did not hear about it or know about it because the test is usually an objective test about what a reasonably informed person would know.
There is another highly complex legal rule called the “American Pipe Rule” that may be applied in some states if a class action is pending to toll the time period for an individual lawsuit for a person who would be a member of that class action. This theory should not be relied on for DePuy ASR cases because there is no viable class action that I know of. The ASR cases are coordinated for pretrial purposes in a federal multidistrict proceeding called an MDL but this is not a class action and will not toll or stop the statute of limitations from running in an individual case unless an individual case is filed for that person.
Mental incompetence can be an exception in some states that could extend the statute of limitations. For example, someone with severe Alzheimers disease might qualify in some states for an extension to the statute of limitations.
Final Advice on the Statute of Limitations for ASR Lawsuits
Every person with a DePuy ASR Hip Implant should have a detailed review of the statute of limitations done by an attorney experienced in medical product liability cases. This review should be done immediately because once the statute of limitations has run there is no way to reopen or restart it. Once the statute of limitations has run it is too late to ever bring a lawsuit for harms and injuries from the defective ASR metal on metal hip implants.

Bellweather Cases Starting for DePuy Hip Replacment, Metal on metal Hip Replacement lawyers

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

Bellwether Trials Scheduled to Move Forward in DePuy Hip Litigation

 

DePuy metal hips have been linked to a number of serious complications.

The first bellwether trials in the pending DePuy hip litigation are scheduled to begin later this year. The handful of plaintiffs involved in the trials represent just a few of the thousands of individuals who filed suit against Johnson & Johnson and DePuy Orthopedics after allegedly being injured by a defective metal hip implant.

According to a Bloomberg report, the first bellwether case is scheduled to go to trial in a Nevada court in December of this year. Additional bellwether trials are expected to begin in January 2013. According to the report, these cases are part of an estimated 2,000 DePuy hip lawsuits filed in state courts across the country. Several thousand more lawsuits are also pending in federal court after being consolidated into a multidistrict litigation (MDL) for pretrial proceedings. The plaintiffs involved in the DePuy hip litigation allege that they experienced pain, swelling, tissue damage, loss of mobility and other complications after being fitted with an ASR all-metal hip implant.  The lawsuits also allege that DePuy and Johnson & Johnson knew of potential problems with the metal hip replacement devices but did not take adequate steps to warn consumers of the dangers.

DePuy initiated a recall of approximately 93,000 ASR hips in August 2010 after data from joint registries in the U.K. and Australia indicated that the devices were failing at a much higher rate than initially expected. Specifically, failure rates appeared to hover between 12 and 13 percent within the first five years following hip replacement surgery.  Reports from the New York Times have suggested that Johnson & Johnson may have been aware of problems with the DePuy ASR hip for as long as a year before the recall was ever issued. It has also been suggested that the company continued to market an ASR hip resurfacing device overseas for as long as a year after the device was rejected by the U.S. Food and Drug Administration.

DePuy ASR hip lawsuits continue to mount, both in the U.S. and in countries around the world. Patients in the U.K., Australia and Ireland have reportedly taken steps to pursue legal action against Johnson & Johnson and DePuy in connection with the defective metal hips. Meanwhile, researchers have continued to evaluate the potential for additional health complications stemming from all-metal hip implants, including the potential for an increased cancer risk. While a recent study concluded that there was no definitive link between metal hip implants and cancer, the researchers did acknowledge that additional long-term studies are need to fully assess the risk

DePuy ASR Hip Replacement Implant Lawyers Ready for Bellwether Trials, DePuy Hip Replacement Helpline Update

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

DePuy Hip replacement helpline and DePuy Hip recall Lawyers announce  trials are ready to begin for your recalled DePuy Hip replacement. You must see Ypur Doctor immediately to find out if revision suregery is necessary and contact the dePuy hip replacement Helpline. Time is running out due to the different statute of limitations for each state.

Trials are set to begin later this year for Recipients of Johnson & Johnson recalled DePuy ASR hip replacement implants. A bellwether case will be held to help determine liability and damages in more than 6,000 lawsuits, lawyers announced Tuesday.

“J&J’s DePuy unit recalled its 93,000 ASR hips worldwide in 2010, including 37,000 in the U.S., saying more than 12 percent of the devices failed within five years. Lawsuits in federal and state courts describe patients in pain and immobilized by joint dislocations, infections and bone fractures,” according to Bloomberg.

The first trial is scheduled to begin in state court in Las Vegas in mid-December. Another trial is set for January in state court in Maryland. The first federal trial could be next March or April, according to the attorneys.

Lawyers for patients and J&J met with a judge overseeing the so-called multi-district litigation (MDL) in 4,200 federal lawsuits. There are another 2,000 lawsuits that will be settled in state courts. Both sides are negotiating a way to choose suitable plaintiffs to help resolve whether J&J bears blame and how much each case could be worth, the lawyers told Bloomberg.

Victims are suing J&J claiming metal debris from the hips, made from a cobalt and chromium alloy, causes tissue death around the joint and may increase metal ions in the bloodstream to harmful levels.  The failed Depuy causing loosening of the socket and displacement has lead to revision surgeries. Many seniors have found it necessary to go through revision surgeries.

Complications Include

Complications Associated with the Depuy Hip Replacements Include:
  • Pain in the groin, hip or leg
  • Swelling at or near the hip joint
  • A limp or change in walking ability
  • Continued pain
  • The need for a second surgery
  • The need for tests and medical monitoring on hip replacements that have yet to go bad
  • Costly medical bills
  • Complications from revision surgery, multiple surgeries
  • Loss of enjoyment of certain activities
  • Pain
  • Popping
  • Grinding
  • dislocation
  • cement extrusion
  • Metal sensitivity
  • Loosening of the prosthesis
  • Infection
  • Dislocation
  • Bone fracture
  • High metal ions levels in their bloodstreams

Cobalt Toxicity and Chromium Toxicity Symptoms

If you have a DePuy Hip replacement you must check your blood levels for high levels of Chromium and Cobalt. A high level of toxicity is characterized by symptoms of vision impairment, hearing loss, pain, swelling, and “brain fog.” This toxicity can cause allergic reactions and even death. Cobalt toxicity is an condition caused by excessive levels of cobalt in the body. .

Symptoms of metal toxicity Include:

   COBALT POISONING SYMPTOMS

  •     Gastrointestinal Problems
  •     Neuropathy (nerve damage)
  •     Thyroid Problems
  •     Kidney Failure
  •     Skin Disorders
  •     Hemorrhage
  •     Pulmonary Syndrome

    CHROMIUM POISONING CAN CAUSE

  •     Elevated Cancer Risks
  •     Reproductive System Problems
  •     DNA Mutations
  •     Impaired Liver Function

 Recalled  Hip Replacement Complications that can occur years after surgery can include:

 

  • aseptic loosening
  • aggressive granulomatosis,
  • stress shielding
  • heterotopic ossification
  • luxation
  • bone fractures
  • and prosthetic fracture

You must protect your rights and contact the DePuy hip Replacement Helpline today.

 

DePuy Hip Replacement Helpline, Medical Social Worker Discusses

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

Depuy Hip Replacement Helpline A Medical Social Workers Perspective a DePuy hip Replacement Helpline has been launched for Victims of the DePuy Hip Replacement. According to our Medical Social Worker, "the faulty hip replacements have a huge effect on our over 65 community”  See out article below.

 

FOR IMMEDIATE RELEASE

PRLog (Press Release) – Apr 11, 2011 –   According to our research, these faulty hip replacements affect seniors at a time in their lives when quality of life and independence are crucial factors.

“Any surgery takes longer to recover from and having to go thru it twice is very difficult for our seniors” The psychological and physical effects put seniors back months”. Having to go through additional pain and surgeries can lead to severe depression and a downhill process” “People are now afraid to get hip replacements due to all the bad publicity. “This affects their independence and future health and mobility”

In the months since a recall of the DePuy ASR XL artificial hip, DePuy might be facing the recall of yet another one of its hip replacements, the Pinnacle Acetabular Component, which has been facing increased scrutiny for its premature failures.

Like the ASR XL, the Depuy Pinnacle is a metal on metal system that was designed to last at least 10-15 years but now, orthopedic surgeons are reporting that these devices have been failing within one to two years of being implanted into their patients.doctors in England are now reporting that 49 percent of DePuy ASR XL hip implants have failed after six years. This is a sharp increase in failures since seven months ago when DePuy recalled the hip implants because the failure rate was 12 percent

That’s not good news for DePuy, a division of Johnson & Johnson, which has implanted over 150,000 Pinnacle hip replacements into patients since it was put into service in 2001. Its recent recall of the defective ASR metal-on-metal hip implant systems has forced thousands of hip implant patients to have additional, painful and expensive hip revision surgeries. This effects seniors the most. All surgeries at that age are traumatic with extensive recovery time and rehabilitation. After the surgery, the patient, can spend weeks in a rehabilitation facility away from family, friends and routine.According to physiciansYou will be allowed only limited movement immediately after hip replacement surgery. When you are in bed, pillows or a special device are usually used to brace the hip in the correct position. You may receive fluids through an intravenous tube to replace fluids lost during surgery. There also may be a tube located near the incision to drain fluid, and a type of tube called a catheter may be used to drain urine until you are able to use the bathroom. The doctor will prescribe medicine for pain or discomfort.

 

On the day after surgery or sometimes on the day of surgery, therapists will teach you exercises to improve recovery. A respiratory therapist may ask you to breathe deeply, cough, or blow into a simple device that measures lung capacity. These exercises reduce the collection of fluid in the lungs after surgery.

 

As early as 1 to 2 days after surgery, you may be able to sit on the edge of the bed, stand, and even walk with assistance.

 

While you are still in the hospital, a physical therapist may teach you exercises such as contracting and relaxing certain muscles, which can strengthen the hip. Because the new, artificial hip has a more limited range of movement than a natural, healthy hip, the physical therapist also will teach you the proper techniques for simple activities of daily living, such as bending and sitting, to prevent injury to your new hip.

 

This isolation can effect mood. After discharge there is usually weeks of in home rehabilitation.Exercise becomes significantly more important as we age for strength and balance. These surgeries,with recuperation time, less weight bearing, and reliance on others effects individuals over the age of 65 much more then a younger ,more active person.Many people think that beyond a certain age, you become too weak to strength train or benefit from it. But research shows the complete opposite. Without adequate muscle exercise, most adults lose 20 to 40 percent of the muscle they had as young adults. With too much muscle loss people have difficulties performing daily activities that allow them to live independently. Usually, people do not spend more than 3 to 5 days in the hospital after hip replacement surgery. Full recovery from the surgery takes about 3 to 6 months, depending on your overall health, the age at which this occurs, and the success of your rehabilitation. Going through this once is traumatic, “We do not know how many seniors can actually go through this twice and regain the pre -surgery level of functioning”. We feel this will not only affect an individuals quality of life but perhaps even life span ,depending on age and other health factors. “If a senior has kept going, for instance, by play golf every day with friends and he or she loses this ,it could be a downhill road” You may contact the helpline by calling 1877-522-2123

Although the ASR and Pinnacle are both metal on metal systems, there are significant differences between the two insofar as:

* the ASR is a monoblock design whereas the Pinnacle uses a modular system.

* the ASR cup is made of one solid piece of metal whereas the Pinnacle has an outer shell

* The Pinnacle is designed in such a way that the surgeon has the option to place a metal, ceramic or polyethylene liner inside the metal outer cup

Much of the problem seems to be with the Pinnacle 36 mm Ultamet Metal-on-Metal component which is failing at an unacceptably high rate. One of the theories seeking to determine the cause suggests that a design problem flows from the fact that the device has been created with one of the lowest clearance levels in the industry. The only other implant with a clearance level this low is the DePuy ASR.

Attorneys and experts investigating the basis for the high rate of failure point to the product design and believe that DePuy created a very narrow window for proper placement of the prosthesis and inadequately trained surgeons in the proper implantation technique.

Like, the recalled DePuy ASR system, the Pinnacle was permitted to reach the market under the U.S. Food and Drug Administration’s (FDA) controversial 510(k) approval process, which allows a medical device to be placed on the market without being subjected to necessary clinical trials as long as the manufacturer can show that the device is “substantially equivalent” to a device already approved on the market. DePuy’s ASR system avoided obligatory clinical trials by showing that it was fundamentally similar to the DePuy Pinnacle hip replacement system, raising some serious issues.

Recently, the FDA has received hundreds of complaints and adverse incident reports against the Pinnacle system, attributed mostly to the Pinnacle’s propensity to prematurely separate from the bone. Moreover, like many other metal on metal devices, constant friction in the Pinnacle may cause an increased risk of metallosis, i.e. the release of miniscule metal particles into the surrounding soft tissue or bloodstream.

All of this has resulted in a wave of new lawsuits being filed around the country against DePuy. Just last week, a motion was filed in the United States District Court in California seeking to consolidate all DePuy Pinnacle cases before one judge in what is known as a multi- district litigation, or MDL. The MDL Panel is scheduled to rule on this application in May.

In the interim, the helpline and its hip replacement team continue to investigate claims of Pinnacle failures and counsel our clients on what to do in the event that they need revision surgery.

 

If you or a loved one have been implanted with a DePuy Pinnacle hip replacement and are experiencing any pain or disability:

-See a doctor immediately.

-Do not release any of your confidential medical information to any DePuy representatives before speaking to experienced hip replacement counsel.

-If you are told that you will need hip revision surgery, make sure that the removed component parts are preserved. Your counsel should be familiar with this process and be working with the proper experts to insure that it is done correctly.

We have huge concerns about the number of recalls and the new

replacements that keep getting added to the list” ”This effects our huge aging population. Individuals over the age of 60 and , more so ,70 are effected. individuals with numerous falls and hip fractures are candidates as well. This could effect a huge population by the time all the information comes out” ” From a social work perspective” — this is very serious.

 

What do you need to have to be part of the class action

 

  • Letter from your doctor or your surgeon with information about the original hip implant
  • A Hip implant ID card or the model number
  • Date and time of hip revision surgery and the Doctor who performed it
  • Records of the revision surgery and an accompanying surgeon’s report as to what was found
  • A preserved DePuy ASR hip implant that was removed after the surgery. Your hospital should have this
  • Records of all your doctors appointments and any related symptoms, such as pain, blood tests indicating metallic poisoning, difficulty walking, etc.
  • Records of lost time from work and wages lost, as well as records of any and all medical treatments, therapies, and home-visits related to the DePuy ASR hip problems

 

The DePuy Hip Replacement  Helpline assists individuals in getting a DePuy recall lawyer.

The DePuy Hip Replacement Helpline can be reached at 1 877 522 – 2123