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DePuy Pinnacle Lawyers, DePuy Pinnacle Helpline

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog, Depuy Hip Replacement News, Stryker Hip Replacement, Stryker Hip Replacement Lawyer

DePuy Hip Replacement Helpline has launched a DePuy Pinnacle Helpline to locate all people with a faulty DePuy Pinnacle. You must file your DePuy Pinnacle lawsuit right away.

Recipients of the various metal on metal hip implants are suffering nationwide.

“I used to ski, hike and swim. Tennis was my favorite sport and I miss it so much. I can’t do any of that anymore. All I can do now is watch videos on the computer or watch TV. As you can imagine, I gained weight (I just went on a diet) since I had my hip replaced. I can’t lose weight by exercising, and because I can’t exercise, my whole body aches. I guess I will get revision surgery at the last minute, if they can still do it. The doctor told my mother that my hip might not even be able to get fixed again, so that has made me even more hesitant.”

History Of the Failed DePuy

2009

In August, the U.S. Food and Drug Administration (FDA) warns DePuy about the safety of an artificial hip device sold abroad. DePuy’s research and clinical data are inadequate, so it can’t sell the product in the United States. Meanwhile, DePuy continues to market the product outside America.

2010

DePuy begins phasing out two models of its all-metal implants that are sold in the United States. The company cites falling sales. (According to a 2012 New York Times report, DePuy actually started planning the phase-out shortly after receiving the FDA warning.) Reports of complications and high rates of early device failure have already surfaced. DePuy defends its devices by blaming failures on surgeon errors.

2010

DePuy finally recalls its Articular Surface Replacement (ASR) Acetabular Hip System and ASR Hip Resurfacing System. It cites “higher than expected revision rates” for the all-metal devices.

2011

The FDA warns DePuy to stop selling certain products, including artificial joint systems, without proper approval. It also cites ineffective quality control procedures.

2012

 DePuy Pinnacle, Another J & J Failure

  • Pain in the groin, hip or leg
  • Need for painful revision surgeries
  • Difficulty getting up, standing and walking
  • Chromium or cobalt toxicity
  • Swelling and inflammation

Metal Toxicity Symptoms

  • chest pain, shortness of breath
  • numbness, weakness, change in vision or hearing
  • fatigue, feeling cold, weight gain
  • change in urination habits
  • high levels of metal in the blood

DePuy Pinnacle, Another Failure has been recalled.

New Recall Adept Hip Replacement

Johnson and Johnson has a history of failed implants and now the Stryker Rejuvinate and ABG modular stems have been recalled.

Call our Hip Replacement Helpline today

 

 

Stryker Hip Replacement Helpline, Stryker Recall Lawyers

Written by lisaspitzer on . Posted in Stories and Sharing

A Stryker Hip Replacement Helpline has been launched for victims of the latest Stryker voluntary recall of the Stryker ABG II modular-neck stem used for total hip replacement surgery and the Stryker Rejuvinate modular-neck stem hip implant. The  Stryker hip implants have been recalled due to the fact that they could fret or corrode, harming body tissue and causing pain or swelling.

Complications and Injuries that are noted include:

  •     Severe inflammatory reactions
  •     Pain in the groin
  •     Need for additional medical care and revision surgeries
  •     Breakdown of muscles, tendons and other soft tissues in and around the hip joint
  •     Loss of surrounding bone
  •     Loss of mobility

The Stryker Rejuvenate side effects  appear to be similiar to the  Metal on Metal Hip Replacements that have caused a landslide of lawsuits against DePuy Orthopedics.
While other types of hip implants such as those made by Johnson & Johnson and DePuy Orthopaedics Inc. involve a metal ball rubbing against a metal socket, the Stryker Rejuvenate products involve a metal neck inside a metal stem. It appears that lawyers are beginning to build cases against Stryker as a part of the complete metal on metal hip replacement lawsuits. Stryker does run the risk of metal toxicity as chromium and cobalt poisoning may occur.

Anyone experiencing side effects from these Stryker products is advised to call the Stryker Hip Replacement Helpline for a Stryker Hip Replacement lawyer.

 

Stryker states that the rate of complications arising from the recalled devices was "extremely low." The company based its recall decision on information collected since the products hit the market, saying it "may be predictive of a trend." It instructed patients implanted with the devices to contact their surgeon.

If you or a loved one has been injured by a Stryker Rejuvenate product  a Stryker Hip replacement Lawyer contact the Stryker Hip Replacement Helpline for a

Hip replacement lawyer.

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