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J & J Payoff for DePuy Hip Replacement Lawsuits, DePuy Hip Recall Lawyers

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

Hip replacement helpline lawyers are filing lawsuits for people with failed hip replacements. The first group of payoffs has commenced.

Johnson & Johnson (JNJ), which faces about 8,000 lawsuits over hip implants it recalled in 2010, agreed to pay about $600,000 to resolve three cases in the first settlements of the litigation, people familiar with the accords said.

Officials of J&J’s DePuy unit agreed earlier this month to settle Nevada residents’ suits over the company’s ASR hip implants, two people familiar with the agreement said. The company will pay about $200,000 a case to resolve the suits before they were scheduled to go to trial later this year, the people said. They spoke on condition of anonymity because they weren’t authorized to speak publicly about the accords.

J&J officials were able to negotiate settlements “at the low end of what the company should have expected” to pay, Eric Gordon, a business professor at the University of Michigan who follows the pharmaceutical industry, said in a telephone interview yesterday. “J&J should have expected to pay in the $200,000-to-$500,000 range per case.”

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.
Metal Debris

Patients suing J&J, based in New Brunswick, New Jersey, claim 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.

Bill Price, a spokesman for J&J, declined in a phone interview yesterday to comment on the settlements.

J&J faces more than 8,000 cases alleging the ASR hips are defective, according to court filings. U.S. District Judge David Katz in Toledo, Ohio, is overseeing about 6,000 federal suits that have been consolidated for pretrial evidence gathering. The drugmaker also is defending itself in more than 2,000 cases filed in courts in California, Maryland, Nevada and other states.

The first settlements involve cases filed in state court in Las Vegas, the people familiar with the accords said. Claims by Annelise Rundle, Martha Bender and Katherine Guy had been consolidated and set for trial Dec. 3, according to court documents.
Three Women

Rundle, 74, Bender, 69, and Guy, 60, all had ASR hip replacements done by the same surgeon during the past six years, court filings in Las Vegas show. All three later had the artificial hips removed after experiencing pain and other side effects, according to the filings.

Tests on Rundle showed she had health problems associated with metal filings from her hip, her lawyers said in the filings. In Bender’s case, doctors discovered evidence of bone damage from the device, lawyers said.

“Each of these plaintiffs has incurred a painful and debilitating hip-revision surgery as a result of the failure of their DePuy ASR Hip,” their lawyers said in a December filing.

J&J lawyer’s countered in court filings that the hips didn’t cause Rundle and the other women to develop life- threatening illnesses.

Medical records turned over by Rundle’s doctors, for example, showed she was “generally healthy with no major medical problems,” the company’s lawyers said in a Jan. 17 court filing in Las Vegas challenging the women’s request for an early trial date.

Brian Franciskato, a Kansas City, Missouri-based lawyer for the three women, declined in a telephone interview today to comment on the settlement.
$800 Million

The company said in January that it spent about $800 million on the recall during the past two years. It wouldn’t estimate its product-liability costs.

J&J faces a state-court trial in Prince George’s County, Maryland, in January involving three hip-replacement recipients, according to court filings. Those cases would be the first to go to trial if they aren’t settled.

The first federal trial of claims over the devices is expected in March or April, lawyers involved in the consolidated cases said earlier this year.

The University of Michigan’s Gordon contends it may cost the drugmaker as much as $2 billion to resolve all litigation over DePuy’s ASR hips.
‘Giant Number’

“They’re looking at a giant number before it’s done because there are a giant number of cases,” Gordon said. The biggest benefit to J&J out the Nevada settlements is that the drugmaker has “anchored settlement expectations at the low end of the range,” he said.

J&J’s rose 8 cents to $67.78 in New York Stock Exchange composite trading. The company’s 4.95 percent bonds, due to mature in May 2033, fell $1.23, or 1 percent, to $121 after news of the hip settlements was announced.

The consolidated Nevada cases are Rundle v. DePuy Orthopaedics Inc., A-11-636272, Clark County District Court (Las Vegas).

The federal case is In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197, U.S. District Court, Northern District of Ohio (Toledo).

To contact the reporters on this story: Jef Feeley in Wilmington, Delaware at jfeeley@bloomberg.net; David Voreacos in Newark at dvoreacos@bloomberg.net

To contact the editor responsible for this story: Andrew Dunn at adunn8@bloomberg.net

 

Statute of limitations by State

Written by lisaspitzer on . Posted in Stories and Sharing

Statutes of Limitations for the 50 States and D.C DePuy Hip Replacement  Helpline. DePuy Hip replacement Lawyers accepting clients with revision surgeries from the Failed DePuy. Florida, Georgia, Texas, California Nationwide

DePuy Hip Replacement lawyers are filing lawsuits nationwide on Behalf ov victims of faulty hip replacements.

State statute Written Contract oral contract Injury property damage
Alabama Ala. Code § 6-2-2 et seq. * 6 6 2 6
Alaska Alaska Stat. § 09.10.010 et seq. 3 3 2 6 (real property); 2 (personal property)
Arizona Ariz. Rev. Stat. Ann. § 12-541 et seq. 6 3 2 2
Arkansas Ark. Code Ann. § 16-56-101 et seq. 5 3 3 3
California Cal. Civ. Proc. Code § 312 et seq. 4 2 2 3
Colorado Colo. Rev. Stat. § 13-80-102 et seq. 6 6 2 2
Connecticut Conn. Gen. Stat. Ann. § 52-575 et seq. 6 3 3 2
Delaware Del. Code Ann. tit. 10, § 8101 et seq. 3 3 3 2
District of Columbia D.C. Code § 12-301 et seq. 3 3 3 3
Florida Fla. Stat. Ann. § 95.011 et seq. 5 4 4 4
Georgia Ga. Code Ann. § 9-3-20 et seq. 6 4 2 4
Hawaii Haw. Rev. Stat. § 657-1 et seq. 6 6 2 2
Idaho Idaho Code § 5-201 et seq. 5 4 2 3
Illinois 735 Ill. Comp. Stat. 5/13-201 et seq. 10 5 2 5
Indiana Ind. Code Ann. § 34-11-2-1 et seq. 10 6 2 6 (real property); 2 (personal property)
Iowa Iowa Code Ann. § 614.1 et seq. 10 5 2 5
Kansas Kan. Stat. Ann. § 60-501 et seq. 5 3 2 2
Kentucky Ky. Rev. Stat. Ann. § 413.080 et seq. 15 5 1 5 (real property); 2 (personal property)
Louisiana La. civil code § 3492 et seq. 10 10 1 1
Maine Me. Rev. Stat. Ann. tit. 14, § 751 et seq. 6 6 6 6
Maryland Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq. 3 3 3 3
Massachusetts Mass. Ann. Laws ch. 260, § 1 et seq. 6 6 3 3
Michigan Mich. Comp. Laws § 600.5801 et seq. 6 6 3 3
Minnesota Minn. Stat. Ann. § 541.01 et seq. 6 6 6 6
Mississippi Miss. Code. Ann. § 15-1-1 et seq. 6 3 3 3
Missouri Mo. Rev. Stat. § 516.097 et seq. 5 5 5 5
Montana Mont. Code Ann. § 27-2-2021 et seq. 8 5 3 2
Nebraska Neb. Rev. Stat. § 25-201 et seq. 5 4 4 4
Nevada Nev. Rev. Stat. Ann. § 11.010 et seq. 6 4 2 3
New Hampshire N.H. Rev. Stat. Ann. § 508:1 et seq. 3 3 3 3
New Jersey N.J. Stat. Ann. § 2a:14-1 et seq. 6 6 2 6
New Mexico N.M. Stat. Ann. § 37-1-1 et seq. 6 4 3 4
New York N.Y. Civ. Prac. Laws & Rules § 201 et seq. 6 6 3 3
North Carolina N.C. Gen. Stat. § 1-46 et seq. 3 3 3 3
North Dakota N.D. Cent. Code § 28-01-01 et seq. 6 6 6 6
Ohio Ohio Rev. Code Ann. § 2305.03 et seq. 15 6 2 4
Oklahoma Okla. Stat. Ann. tit. 12, § 91 et seq. 5 3 2 2
Oregon Or. Rev. Stat. § 12.010 et seq. 6 6 10 6
Pennsylvania 42 Pa. Cons. Stat. Ann. § 5501 et seq. 4 4 2 2
Rhode Island R. I. Gen. Laws § 9-1-12 et seq. 10 10 3 10
South Carolina S.C. Code Ann. § 15-3-510 et seq. 3 3 3 3
South Dakota S.D. Codified Laws Ann. § 15-2-1 et seq. 6 6 3 6
Tennessee Tenn. Code Ann. § 28-3-101 et seq. 6 6 1 3
Texas Tex. Civ. Prac. & Rem. Code § 16.001 et seq. 4 4 2 2
Utah Utah Code Ann. § 78-12-22 et seq. 6 4 4 3
Vermont Vt. Stat. Ann. tit. 12, § 461 et seq. 6 6 3 3
Virginia Va. Code Ann. § 8.01-228 et seq. 5 3 2 5
Washington Wash. Rev. Code Ann. § 4.16.005 et seq. 6 3 3 3
West Virginia W. Va. Code § 55-2-1 et seq. 10 5 2 2
Wisconsin Wis. Stat. Ann. § 893.01 et seq. 6 6 3 6
Wyoming Wyo. Stat. § 1-3-102 et seq. 10 8 4 4

 

Congress has heard the Victims of the Hip replacement Recalls

Written by lisaspitzer on . Posted in Depuy Hip Replacement News

Letter to Chairmen Upton, Pitts and Stearns, October 12, 2011

……………………………….
Congress Urge Hearing on DePuy Metal-on Metal Hip ImplantNovember 5, 2011
Congressmen Urge Hearing on DePuy Metal-On-Metal Hip Implant
 
Bloomberg Businessweek reports that a group of concerned Congressmen have written to the chairpersons of several committees, requesting hearings on the safety of Johnson & Johnson’s DePuy metal-on-metal hip implants and Boston Scientific brain stents.

The DePuy ASR metal-on-metal hip implant, which was approved under the FDA’s 510(k) approval process, in which a device can be cleared for market if it is “substantially equivalent” to devices already on the market, is known to release small metal particles into patients’ bloodstreams, potentially damaging nearby bone and tissue and necessitating painful correctional surgery. The Congressmen note that the FDA has already received over 5,000 complaints since January 2011. However, the United States does not have a registry to track medical device failure and it is possible that the number of failed devices is higher than 5,000 and will continue to rise in the coming years. The high failure rate and lack of a reliable tracking registry led the FDA “to order 20 manufactureres of these devices to submit a plan to the FDA to study how frequently they were failing and to examine the health implications of device failures.”

The Congressmen hope that hearings on the DePuy metal-on-metal hip implants will serve as a foundation to “provide important lessons about the device clearance and approval process as well as the adequacy of our postmarketing safety system.” In the past few years, Congressional “hearings on medical devices have examined claims about delays in FDA approval and overregulation,” but the letter writers believe Congress should be wary of underregulation and should examine “evidence as to whether FDA device regulation has been ineffective in protecting the public from dangerous medical devices.”

The Depuy Hip Replacement Helpline Applauds this and is waiting, watching and hopeful that dangerous drugs and medical devices get more and better regulations. Our callers are suffering and have been thru hell with revision surgeries, rehabiltiation, and a downturn in their qualityb of life. Our seniors need protection.  The FDA has failed us and we are hopeful for reform.  If you or a lovwd on has been unjured by a defective recalled hip implant call the Helpline today and speak to our medical social worker and a hip replacement recall lawyer.