Metal Hip Failures, Lots Of Problems, Billions In Health-Related Costs

metal artifical hipThe artificial hip failure problems that began with DePuy now have cast a broader spotlight on the entire artificial hip industry that utilizes similar metal-on-metal designs.  

The acknowledgement of problems with the DePuy ASR device last year, may yet precipitate similar acknowledgements from other manufacturers about defects with their artificial hips comprised of similar metals.

Over the next decade, an estimated 50,000 people per year will likely require a revisionary surgery due to a defective metal-on-metal hip that they we originally given.  The heart of the probelm stems from the fact that metal particles shear off from the hip in large number of patients.  

Depending on the type of device and the individual, the metal particles from may have a variety of debiitating problems including: pain, inflammation or metal poisoning (due to heavy metals like cobalt and chromium getting absorbed into the body).  Studies have shown that the metal debris may originate from three different areas of the artifical hips incuding:

  • Cup and head of the metal hip
  • Head and neck of the hip
  • Where the neck and stem of the hip are joined

After reading a recent New York Times article, "Artificial Hip Failures to Cost Billions" I suspect the broader acknowledgement by other medical device manufacturers has to do with the tremendous expense related not just to the legal claims that individuals may have with respect to the defective products for non-economic damages--- like pain and suffering--- but due to the staggering expenses related to surgically removing the defective hardware and replacing it with a more effective device.

The Times article chronicles how assurances made by DePuy to their ASR (Articular Surface Replacement) hip-implant recipients following the recall of their product have come up a little short as the company has attempted to pay only a portion of the total charge that some patients have when receiving medical care for their defective hips-- leaving the hospital and surgeon performing the revisionary surgery looking to the individual for the balance.

Similarly, in other situations where patients have experienced serious complications like infections or fractures during or following the revisionary hip procedure, there is further ambiguity if the complications are indeed related to the defective product.

As a lawyer who is representing a number of clients in matters related to defective metal-on-metal hips manufactured by DePuy and other companies, I see first hand the inherent conflict created by DePuy and consumers when if they become reliant on the company for paying their related damages for revisionary surgery.  Consequently, I have been recommending to all of my DePuy ASR clients that in order to avoid this conflict altogether, they should submit all related charges to their own health insurance company or to Medicare.  

Regardless of who pays for the immediate care, the insurance company and / or Medicare will have a subrogation interest--- but at least the expense will be paid now, and the inherent conflict created when a responsible party paying for related care is taken out of the equation.

Metal-On-Metal Hip Injuries

Rosenfeld Injury Lawyers is proud to be recognized by our peers as pioneers in the metal-on-metal hip litigation.  We have clients throughout the country whom have been impacted in a variety of ways due to defective metal hips.  

If you were the recipient of a metal hip and have developed medical complications--- or simply have questions about your legal rights, our team of hip recall lawyers can help.   We offer free legal consultations and our services are free if we do not recover for you.

Related:

All-Metal Hip Resurfacing Devices Receive More Scrutiny

In Britain, Former DePuy Promoter Sues Company for Faulty Hip Implant

DePuy ASR Complications: Heavy Metal Poisoning (Cobalt & Chromium)

Bold Move By FDA Requires Metal-On-Metal Hip Makers To Conduct Safety Evaluations Of Their Products

All-Metal Hip Resurfacing Devices Receive More Scrutiny

hip pain.jpgFollowing the well-publicized troubles associated with all-metal hip replacement devices manufactured by DePuy and others, a recent study casts concerns about a similar hip surgery known as "hip resurfacing".  

The New York Times reported on a study study conducted by the California Technology Assessment Forum, found that the metal hip resurfacing devices had higher premature failure rates than expected and exposed patients to potential health problems when the metal debris from the devices splintered off from wear than initially expected.

Hip resurfacing procedures have been embraced by the medical community as a less invasive procedure compared with a complete hip replacement as the resurfacing procedures can preserve more of the patient's bone and a perceived shorter recovery time.

Relying much on data collected from orthopedic registries in England and Australia that track outcomes for patients receiving hip resurfacing devices, the study found that women and older patients tended to have more problems with the hip resurfacing devices compared with men under the age of 65.

In addition to a more intensive review of patient outcomes following hip resurfacing procedures, the study also acknowledges the lack of information presently available regarding the long-term health implications of the released metal particles (primarily Chromium and Cobalt) on the body.

Indeed the uncertainly associated with metal's released into the body from hip replacement devices is concerning.  As a lawyer who is representing clients related to DePuy hip failures, I have seen first hand how some patients have experienced a condition known as metal poisoning from their device.  Unlike, a revisionary surgery which may remedy a problematic hip, there are few treatment options available to those who experience complications to their bodies absorption of Chromium or Cobalt typically used in these devices.

Related:

DePuy ASR Complications: Heavy Metal Poisoning (Cobalt & Chromium)

British Study Presents More Concerns Over Long-Term Problems With DePuy & Other Metal Hips

DePuy Hip Replacement Patients: What The Company Doesn't Want You To Know About Your Legal Rights

In Britain, Former DePuy Promoter Sues Company for Faulty Hip Implant


                                               
[CAPTION: Penny Brown, a former DePuy spokesperson, is now suing the company for a faulty hip implant. (Photo Courtesy of www.thisisbath.co.uk)]

As a former “poster lady” for DePuy Orthopaedics, Penny Brown used to enjoy a high-flying lifestyle - including glamorous speaking engagements in places like Monte Carlo. Now, the former gymnast is concerned she might have to spend the rest of her life in a wheelchair, due to a faulty hip implant she received eight years ago.

Brown is one of 300 people in the U.K. suing the Warsaw, Indiana-based company, after the company recalled two of its hip replacement products in 2010. Since then, scores of people in both the U.S. and U.K. have come forward, alleging that the ASR XL Acetabular System and the ASR Hip Resurfacing System have caused agonizing and life-altering pain.

We’ve been following this story closely over the past year, and have watched with great concern as the corrective surgery rates for both products have skyrocketed. At first, DePuy claimed a failure rate of 13 percent. Then came a disturbing study from the National Joint Registry for England and Wales, which claimed that a whopping 29 percent of ASR patients required reconstructive surgeries. I suspect that the final number might be much higher.

The big problem with DePuy’s metal-on-metal “ball and cup” designs is that the friction generated between the two pieces tends to produce tiny shards of metal. The shards then get in the  bloodstream, which puts patients at severe risk of metal poisoning.

Symptoms of Cobalt poisoning may include:

  • Kidney Failure
  • Thyroid problems
  • Gastrointestinal problems
  • Hemorrhages
  • Vision Problems
  • Deafness


If you think you or a loved one is experiencing metal poisoning, or problems with a DePuy hip implant, I would urge you to seek legal advice immediately.

Related:

DePuy Hip Replacement Patients: What the Company Doesn’t Want You to Know About Your Legal Rights July 6, 2011

New Lawsuits Filed Against DePuy Orthopedics Related to Defective Hip Replacement Products Jan. 16, 2011

Questions Persist With Problems Related to DePuy Hip Replacement Products Oct. 10, 2010

Defects With DePuy Hip Replacement Hardware May Give Rise to Lawsuits Against Manufacturer Oct 12., 2010

DePuy ASR Complications: Heavy Metal Poisoning (Cobalt & Chromium)

Screen shot 2011-09-27 at 7.59.43 PM.pngAs lawyers handling claims related to DePuy ASR defects, we have clients who have suffered varying types if injuries related to the defecting hip replacement and resurfacing products.  

Some of the most severe injuries are found in clients with metal poisoning from their implants.  In some of these cases, the metals have reached toxic levels that significantly impact all aspects of our clients' lives and have left them permanently disabled.

Similar to other problems originatingng from the DePuy hip replacements, the metal poisoning complications are related to a defective metal-on-metal design that sheds tiny shards of the metals due to the friction created when the cup and stem meet.  The metal shards can easily become embedded in the surroundingng tissue, or--- in some cases-- the metal particles enter the bloodstream and get circulated throughout the body.

Cobalt & Chromium Entering The Body

Cobalt and chromium are two elements used in the DePuy ASR products to for their strength and anti-corrosion properties.  Though not normally found in the body, low levels of Chromium and Cobalt are considered safe.  However, at elevated levels, both Chromium and Cobalt can be toxic and make patients sick.

  • Cobalt Poisoning- Expert consider any blood serum concentration at or above 7 micrograms per milliliter to be dangerous.  Symptoms of Cobalt poisoning may include: 
    • Cardiomyopathy
    • Neuropathy
    • Kidney failure
    • Thyroid problems
    • Gastrointestinal problems
    • Hemorrhages
    • Optic nerve / vision problems
    • Deafness
  • Chromium Poisoning- While no specific Chromium concentrations have been established regarding 'dangerous' levels, experts at the Mayo Clinic Medical Laboratories believe that even low levels are concerning, "blood serum concentrations greater than 1ng/ML in a patient with Cr-based implant suggest significant prosthesis wear." Symptoms of Chromium poisoning may include:
    • Acute renal failure
    • GI hemorrhage
    • Impaired liver function
    • Increased risk of cancers

Legal Rights For DePuy Patients With Chromium & Cobalt

If you are the recipient of a DePuy ASR product, the only way to diagnose the presence of Chromium poisoning, Cobalt poisoning or metallosis is by regularly conducting blood tests.  Depending on the levels of the metals in the body, doctors may elect to monitor the condition or prescribe more invasive treatment to help reduce further complications.

Rosenfeld Injury Lawyers understands the dangers related to Chromium poisoning, Cobalt Poisoning or metallosis in DePuy patients.  Our team of DePuy hip defect lawyers can evaluate your claim and fully litigate your case depending on your unique circumstances.

Related:

Cobalt Toxicity in Two Hip Replacement Patients (pdf) State of Alaska Epidemiology Bulletin, May 28, 2010

Out of joint: The story of the ASR BMJ 2011; 342:d2905 doi: 10.1136/bmj.d2905 (Published 14 May 2011) Cite this as: BMJ 2011; 342:d2905

Cobalt Poisoning, Medline Plus

DePuy Hip Replacement Patients: What The Company Doesn't Want You To Know About Your Legal Rights

In Aftermath Of DePuy Hip Problems, FDA Takes A Closer Look At Metal Hips

British Study Presents More Concerns Over Long-Term Problems With DePuy & Other Metal Hips

metal hip.jpgDePuy hip recipients may have further cause for concern following a recently published British study concerning metal-on-metal artificial hips. 

The study published in The National Joint Registry for England and Whales analyzed data from an orthopedic implant registry in Britain that including recipients of metal-on-metal hip replacements from different manufacturers.

Statistics confirm that the well-publicized problems with the DePuy ASR and system are well grounded--- and may get even worse.  The studies findings include:

  • Within six years of receiving a DePuy ASR hip replacement, 29% of patients required a replacement
  • DePuy ASR failure rates accelerate substantially after the five years of use
  • Metal debris generation, considered to be byproduct of metal hips, is responsible for both device failure as well as crippling metal poisoning conditions
  • Metal-on-metal hips have a far shorter life than devises manufacturer with a combination of metal and plastic

My take:

This studies findings reinforce that the problems with the DePuy ASR are much worse than Johnson and Johnson originally disclosed.  Just a year ago, DePuy announced ASR failure rates of 12-13% which appear to grossly underestimate the extent of this hip replacement defect.

With a lower reported failure rate, I suspect many DePuy ASR hip replacement may have discounted some of the pain and problems they have encountered in lieu in seeking medical care.  With a revised failure rate of close to 30%--- and the development of hip problems at time intervals not previously analyzed, I suspect that we are going to see a new wave of people coming forward with complaints related to their ASR implant.

Also, let's not forget that this is a problem that is indeed here to stay for the coming years as large numbers of people continued to receive the DePuy ASR device though 2010.  At the very least, the more recent Depuy ASR recipients will need to be closely monitored over the next five or six years to determine the conditon of their implants.

Rosenfeld Injury Lawyers represents patients with varying complications related to DePuy ASR products.  Presently, we represent a diverse base of clients of different ages and complications including: hip revision, pain and metal poisoning.  Additionally, we have an entire group of asymptomatic clients who recently received a DePuy product and wish to be monitored as their device ages.  Given the breadth of DePuy complaints, we would honor the opportunity to discuss your situation and your accompanying legal rights.

Related:

Metal Hips Failing Fast, Report Says, The New York Times, By BARRY MEIER September 15, 2011

National Joint Registry for England and Wales (pdf) 8th Annual report 2011

DePuy Hip Replacement Patients: What The Company Doesn't Want You To Know About Your Legal Rights

DePuy Failure Rates Much Higher Than Originally Thought. How Bad Will Things Get?

In Aftermath Of DePuy Hip Problems, FDA Takes A Closer Look At Metal Hips

DePuy Hip Replacement Patients: What The Company Doesn't Want You To Know About Your Legal Rights

If you are the recipient of a DePuy ASR Hip System the past year has likely been filled with fear, anxiety and perhaps--- downright anger!  

depuy hip recallA little less than a year ago, the FDA ordered the recall of very popular DePuy hip replacement systems (ASR XL Acetabular System and Hip Resurfacing System) after they discovered that a significant number of the devices were indeed defective and required a second corrective surgery to remove the DePuy product and replace it with a new device.

Aside from the actual design of the hip, critics also fault Johnson and Johnson subsidiary DePuy for the type of materials used to manufacture their device.  In some patients, the metal-on-metal design of the the hip implant has produced situations where bits of the metal splinters off and gets embedded in the surrounding tissue resulting in:

  • Pain while walking
  • Pain when sitting or getting out of a care
  • Pain in the hip, thigh or groin
  • Joint inflammation

But, what about now?

All recipients of recalled DePuy products have received a letter (depuy information for patients.pdf) from their physician explaining the recall with an enclosure from DePuy.  The enclosure promises to "cover reasonable and customary costs of testing and treatment" and requests 

While DePuy claims it will cover "reasonable and customary costs of monitoring and treatment," in reality DePuy's intentions are quite the contrary. DePuy has requested that patients submit all of their bills related to follow-up care to their private health insurance and Medicare first and then is offering only to pay the patient's out-of-pocket co-pays and deductibles.

While the offer initially comes across sincere, on second thought the suggestion that other parties and the government pick up the tab for DePuy's errors is just wrong.  Why should tax payers or other people who pay insurance premiums be forced to shoulder the burden for a defective product?

Knowing that most health insurance plans (and Medicare) have subrogation language that requires recipients to reimburse the insurance company for any benefits they have paid due in relation to a claim against a third-party (DePuy) has thrust thousands of DePuy patients into situations where they will be burdened with future requests from their own insurance carrier-- and potential legal liability.

Perhaps the most alarming part of the DePuy recall mailer is its lack of information provided to patients about their legal rights.  Nowhere does the mailer suggest that at the present time the interest of the patient and company are adverse-- which given the circumstances of this product recall-- they are indeed! 

The lack of legal options available to patients to remedy this wrong is missing as well.  Other than a suggestion that DePuy will pay for follow-up visits with your doctor and reimburse for out-of-pocket expenses, there is no mention of the potential damages that victims of this DePuy nightmare may be entitled to.

For patients suffering from the effects of metal poisoning related to their DePuy hip the mailer provides little consolation regarding the long-term impact of metals such as cobalt chrome being introduced into the body.  To the contrary, the DePuy mailer suggests that the introductions of metal particles to the body-- due to its own design is an 'expected process'. 

Real injuries, real legal remedies

For the time being, DePuy certainly has made an effort to minimize the impact of their defective devices on the lives of thousands of hip replacement recipients.  While indeed there are fairly drastic types of reactions to their hips, the fact remains that we know little about the long-term impact of DePuy hips on the lives of the people who currently have them embedded in their bodies.

Given the inherent conflict of interest between DePuy and its hip product recipients, it only seems reasonable that patients seek the counsel of their own attorney who can evaluate their individual claim and their perspective damages.  In many circumstances, DePuy patients are entitled to money damages for:

  • Pain
  • Disability
  • Lost wages
  • Past and future medical care
  • Assistance and care needs

Sheesh! Don't let DePuy know that you know better!  Put aside your DePuy mailer and contact lawyers who can assess your case and provide you with an assessment of your situation today.  Rosenfeld Injury Lawyers continues to review all types of DePuy cases as well as similar hip replacement defects from: Zimmer and the Stryker Durom Cup and Trident.

Related DePuy Recall Posts:

Questions Persist With Problems Related To DePuy Hip Replacement Products

Will The Resignation Of DePuy Executive Signify New Accountability At Troubled Artificial Hip Manufacturer?

DePuy Failure Rates Much Higher Than Originally Thought. How Bad Will Things Get?

Bold Move By FDA Requires Metal-On-Metal Hip Makers To Conduct Safety Evaluations Of Their Products

Bold Move By FDA Requires Metal-On-Metal Hip Makers To Conduct Safety Evaluations Of Their Products

After the widespread problems with metal-on-metal artificial hips manufactured by DePuy, the FDA is now heightening their supervision of similar products manufactured by other companies. 

In addition to early failure rates, which necessitate a second surgery, metal artificial hips have also been associated with painful medical complications when bits of the metals wear off and become embedded in the surrounding tissues.  Yet, in some circumstances the metal artificial hips have been related to blood poisoning due to the bodies absorption of metal such as: chromium and cobalt that are commonly used in the manufacturing process.

Kudos, to my colleague Ian Alexander, a leader in the DePuy litigation, for sharing a recent article from The New York Times regarding the landmark actions by the FDA.  The Times is reporting that the the FDA recently sent out letters to 20 manufacturers of the devices requiring them to submit a proposed plan within 30 days as to how each company will monitor the safety of people who have already received their metal artificial hips.  By collecting data from metal hip recipients, the FDA is hopeful that in can get a better handle on the the long-term safety from both a metal absorption standpoint as well as product failure rates.

With more than 250,000 hip replacement procedures performed every year, I applaud the strong stand taken by the FDA to help provide some clarity regarding product safety to both past and perspective patients.  However, given the popularity of these products, I find it somewhat shameful that some of the big names in hip replacement technology such as: Zimmer, Johnson & Johnson, Wright Medical, Stryker and Biomet haven't already initiated similar studies on their own.

Rosenfeld Injury Lawyers have been evaluating defective hip replacement cases for years.  As one of the pioneers in the DePuy hip recall litigation, we have developed an extensive network of medical and legal experts across the country to help our clients receive maximum compensation for their claims.  If you have a DePuy hip product-- or a similar metal-on-metal hip, we may be able to help guide you though the claim process.  Call us today to learn your legal rights!

Related:

In Aftermath Of DePuy Hip Problems, FDA Takes A Closer Look At Metal Hips

Questions Persist With Problems Related To DePuy Hip Replacement Products

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

DePuy Failure Rates Much Higher Than Originally Thought. How Bad Will Things Get?

DePuyFor almost a year now, people with DePuy artificial hips have been digesting the steady stream of news related to the problems associated with the hardware in their bodies.  Now, new data seems to paint a far more dire situation than originally disclosed by the medical device manufacturer. 

A recent statement released from The British Orthopaedic Association and the British Hip Society now estimates the failure rates of the DePuy ASR XL Acetabular System to be far higher than originally estimated.  

By the groups' calculations, the DePuy system failures may necessitate additional surgeries in 49% of people within six years after the system was put in place.

These figures are significantly higher than the DePuy failure rates reported by the National Joint Registry of England and Wales which estimated a failure rate of the ASR XL products to be 12% within the first five years of the surgery.

DePuy Lawsuits & Claims For Those Who Require Revisionist Surgery-- And Those With Concerns About Their Future Medical Needs

More than 30,000 people in the United States have received DePuy hip replacement products that may be defective.  Many of the recipients of the defective DePuy hips were younger-- more active patients-- who were steered towards the DePuy Products based on their perceived durability related to their metal-on-metal designs.

Though product failures have been seen in patients in all demographics, DePuy acknowledges some of most prevalent complaint likely come from smaller people and women who received the companies ASR head sizes less than 50 millimeters.

Product defects vary drastically in terms of how each person is impacted.  However, common complaints related to DePuy ASR XL Acetabular System included:

  • Pain or swilling in the hip
  • Fractures
  • Metal poisoning
  • Hip dislocations

At this point, recipients of the DePuy ASR XL Acetabular System (which was recalled in August) likely have received correspondence from their surgeon or the medical center where the procedures were originally performed.

If you have received such letter, or believe that you indeed have received a DePuy hip replacement product in the past five years, you have legal rights regarding past problems and future medical monitoring that will likely be required for the extended future.

Given the relatively little information we have about the long-term impact of the DePuy ASR System, Rosenfeld Injury Lawyers encourages all recipients to speak with lawyers handling these matters.  Based in Chicago, Rosenfeld Injury Lawyers is currently reviewing medical device cases involving DePuy ASR XL Acetabular System for individuals across the county. 

Related:

J & J Hip Failure Rate as High as 49 Percent, U.K. Doctors Say, by Greg Farrell and David Voraecos, Bloomberg.com March 9, 2011

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

New Lawsuits Filed Against DePuy Orthopedics Related To Defective Hip Replacement Products

In Aftermath Of DePuy Hip Problems, FDA Takes A Closer Look At Metal Hips

Johnson & Johnson's Quality Catastrophe, Bloomberg Buisnessweek, March 31, 2011

Will The Resignation Of DePuy Executive Signify New Accountability At Troubled Artificial Hip Manufacturer?

DePuy hipOver the past several months, news headlines have not been kind to DePuy Orthopedics. The Johnson & Johnson subsidiary was forced to recall an entire line of hip-replacement products following reports of product defects which resulted in:

  • Hip dislocation
  • Inflammation of tissue 
  • Pain in the area surrounding the hip implant

News reports confirm that David Floyd, the worldwide president of DePuy Orthopedics since 2007 will resign later this month to “pursue interests outside the company” according to a company spokesperson.

In the fourth quarter of 2010, DePuy took a $280 million charge related to the recall of its products.  The recall-associated costs are completely independent of the substantial payments the company will likely be making to recipients of defective DePuy products pursuant to pending claims and lawsuits.

A substantial number of people who have received DePuy ASR XL Acetabular systems have substantial problems related to metal particles shedding from the replacement system.  In some cases, a second hip replacement is necessary to remove the defective system.  Yet in other circumstances, where the patient may be elderly or ill, little can be done other than to attempt to remedy the patient’s pain.

Rosenfeld Injury Lawyers have been involved in DePuy litigation from the announcement of the recall.  We continue to accept new DePuy Hip Replacement claims in Chicago and throughout the country.  Given the lifetime of uncertainly associated with having a defective medical device, we suggest all recipients of DePuy hip products speak to a lawyer knowledgeable about the DePuy litigation to inform you of your potential legal rights.

Related Nursing Homes Abuse Blog Entries:

In Aftermath Of DePuy Hip Problems, FDA Takes A Closer Look At Metal Hips

New Lawsuits Filed Against DePuy Orthopedics Related To Defective Hip Replacement Products

Questions Persist With Problems Related To DePuy Hip Replacement Products

In Aftermath Of DePuy Hip Problems, FDA Takes A Closer Look At Metal Hips

As the problems associated with the DePuy hip implant devices begin to mount, particular attention is now focused on difficulties associated with metal-on-metal hip devices. 

Over the years, metal hip replacement and resurfacing devices accounted for more than 33% of the surgical hip implant market.  However, recent medical studies have demonstrated that metal surgical hip devices may cause more trouble than initially believed.

The metal-on-metal contact inherent in many joint replacements creates a grinding situation where bits of the material used in the device break off and can cause pain and damage to surrounding tissue. Even smaller metal ions can wear off of metal hip replacement devices and may enter the person's blood stream.

The introduction of metal particles into the patients bloodstream can have drastic consequences such as problems with the thyroid and nervous system.

metal hip

Recognizing the problems associated with metal-on-metal hip devices, the FDA has created a new website to adress:

  • Metal-on-metal hip implant systems
  • Concerns about metal-on-metal hip implant systems
  • Information for patients
  • Information for surgeons regarding metal-on-metal hip implant surgeries
  • Information for medical professionals who provide treatment for patients who have had a metal-on-metal hip implant surgery
  • FDA's role and activities
  • Recalls

Today, less than 25% of replacement hips use all metal parts.  Many product manufacturers have incorporated the use of plastics and ceramics in their hip replacement products to minimize the negative impact on patients.

Certainly, the creation of the FDA website is important because it recognizes many of the problems hip replacement patients have been complaining about for years.  The FDA recommends that patients with metal-on-metal hips who have problems with: pain, swelling, numbness and walking contact their physician to discuss the possible source of the problem.

If you are the recipient of a metal-on-metal hip replacement device and have experienced problems or have required a second revisionist surgery, you may have legal rights against the product manufacturer.  Rosenfeld Injury Lawyers is actively involved in hip defect litigation and can help address many of the concerns you must have. 

Related:

Questions Persist With Problems Related To DePuy Hip Replacement Products

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

New Lawsuits Filed Against DePuy Orthopedics Related To Defective Hip Replacement Products

Defective DePuy Hip Replacements To Be Preserved As Evidence In Pending Lawsuits

As the number of DePuy Hip replacement lawsuits continues to expand, a recurring issue in many of the pending cases, centers around who shall control the defective hips and surrounding tissues when they are removed during replacement surgeries.  The removed material and orthopedic hardware is considered valuable evidence in pending product liability cases against DePuy.

According to a report on the DePuy litigation appearing on Bloomberg, DePuy spokesperson Mindy Tinsley, conclusively stated that the removed hip devices-- known as explants-- are indeed the property of the patient and patient's surgeon's, "should take appropriate steps to preserve them."

With that understanding in place, lawyers representing individuals who were given defective DePuy products and lawyers representing Johnson& Johnson, the parent company of DePuy Orthopedics, are arranging for a standardized protocol to arrange for the shipment of the removed devices to be shipped to a centralized location so testing can be conducted.

For thousands of people impacted by the defective DePuy products, this is an important development as the independent testing may provide valuable evidence in pending product liability claims and lawsuits against Johnson & Johnson and DePuy Orthopedics.

Status of DePuy Litigation

More than 37,000 people are believed to have received potentially defective DePuy hip replacement devices known as ASR XL Acetabular System.  In August, 2010 DePuy acknowledged the serious problems associated with their products and initiated a recall of the product. 

At issue is the high failure rate of the device that commonly necessitates a second revisionist surgery far sooner than most anticipated.  In addition to replacement surgeries, other patients experienced serious problems such as: fractures, infection, and pain due to shards of cobalt and chromium that break away from the hip and implant into the surrounding tissues.

Presently, DePuy has hired Broadspire Service Inc., as a third-party claim administrator to oversee voluntary payments made by Johnson & Johnson to implant recipients.  Despite, the community outreach by Johnson & Johnson, many individuals have elected to retain lawyers to represent their personal interests.

Currently, Rosenfeld Injury Lawyers is reviewing a number of DePuy hip implant cases and is working with medical experts other lawyers involved in the litigation to help secure the best possible outcome for each client.  If you received a DePuy hip implant, you may have legal rights for compensation.  We encourage you to discuss your case with our DePuy hip recall lawyers, for a free, no obligation consultation today. (888) 424-5757

Related:

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

Questions Persist With Problems Related To DePuy Hip Replacement Products

New Lawsuits Filed Against DePuy Orthopedics Related To Defective Hip Replacement Products

New Lawsuits Filed Against DePuy Orthopedics Related To Defective Hip Replacement Products

ABC 7 News reported on recent lawsuits filed by five Chicago-area patients who received defective DePuy hip replacement products.  The Chicagoland lawsuits are similar to other lawsuits filed against the medical device manufacturer by patients across the country.

At the heart of the issue is DePuy's negligent design of hip replacement products that release bits of metal into the patients bodies causing severe pain and potential blood poisoning. Though DePuy moved to recall the hip replacement products in 2010, there is mounting evidence that they were aware of problems with the devices significantly earlier.

The pain and medical complications associated with the DePuy products has resulted in some patients requiring additional hip replacement procedures as well as ongoing medical monitoring of the devices.

Rosenfeld Injury Lawyers are actively involved in the investigation and prosecution of defective hip replacement products manufactured by DePuy Orthopedics.  If you have a DePuy hip replacement product, we invite you to speak to our lawyers regarding your legal rights or use our contact form and we will contact you to schedule a consultation. (888) 424-5757

Related Nursing Homes Abuse Blog Entries Related To DePuy:

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

Questions Persist With Problems Related To DePuy Hip Replacement Products

As If Living With The Pain From A Defective DePuy Hip Replacement Device Was Not Enough, Now Some Patients Are Having A Difficult Time Getting The Company To Pay For Corrective Medical Treatment

Medtronic Recalls 60,000 Sets Of Medical Supplies Used For Insulin Pumps Over Concerns About Safety

With a sizable percentage of nursing home patients diagnosed with diabetes, we have been contacted by a number of current and former clients regarding a product recall involving Medtronic's MiniMed Paradigm insulin pumps.  The medical device recall was initiated in July, 2009 after defects were discovered in a particular lot of the infusion sets

insulinpumpInfusion sets are the thin, plastic tubing that delivers insulin from an insulin pump to the patient's body. 

The recalled infusion sets can be identified by both the lot number (Lot 8, Quick-set infusion sets) and the reference numbers: MMT-396, MMT-397, MMT-398 and MMT-399 (lots starting with a number '8').

The problems with the infusion sets identified above is that the tubing may not allow the insulin pump to vent the pressure properly with may result in the patient receiving too much or too little insulin which in turn could result in a severe injury or death.

According to Medtronic, if your loved one uses a 'Quick-Set' Infusion Set and is used identified within the lots above, you should stop using the device immediately.

Further, if you believe your loved one died or suffered an injury including: hypogylcemia or hyperglycemia following use of a Medtronic infusion device, you may be entitled to compensation from the manufacturer.  In order to determine if your case fits within the parameters, you should safeguard the packaging and contact a medical device attorney for a consultation. 

Related:

Medtronic Voluntarily Recalls Specific Lots of Paradigm® Quick-Set® Infusion Sets In The United States, FDA July 10, 2009

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As If Living With The Pain From A Defective DePuy Hip Replacement Device Was Not Enough, Now Some Patients Are Having A Difficult Time Getting The Company To Pay For Corrective Medical Treatment

Despite assurances from DePuy that they would take care of necessary expenses related to the medical costs incurred due to the replacement of various hip replacement models.   A recent NBC 5 Chicago, news story seems to indicate the company is not doing everything it claims it will do on its website.  

The result?  More pain for patients with DePuy products who can not afford to have the painful hardware surgically removed.

The offers to pay for necessary medical treatment related to the defective hip replacement products is made on the DePuy website after a widely accepted study of particular DePuy products estimated a high failure rate.

Lawsuits and claims for damages against DePuy

If you or a loved one was the recipient of a DePuy replacement product over the past several years, you likely have received correspondence from the company and/or your physician notifying you of the product recall.  

Despite invitations from DePuy to obtain related medical bills and records for you-- there is no obligation to do so.  Completing medical authorizations provided by DePuy is completely voluntary and is not necessary to pursue a claim against them. 

Given the limited medical studies that have examined the long-term effects of DePuy hip replacement products, we invite all recipients-- regardless of if you have are currently having difficulty with the product or not-- of DePuy products since 2003 to contact our medical device attorneys for a free case examination where we can advise you of your potential legal rights. (888) 424-5757

Related:

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

Questions Persist With Problems Related To DePuy Hip Replacement Products

Questions Persist With Problems Related To DePuy Hip Replacement Products

hip.jpgWe received numerous inquiries from perspective clients who were frankly concerned and angry when they became aware that the hip replacement product that they had put their trust in might now be defective.

As we discussed recently, DePuy Orthopedics issued a voluntary recall of its DePuy ASR XL Acetabular Hip System and DePuy ASR Hip Resurfacing System in August, 2010.

The recall of DePuy hip replacement devices comes after hundreds of reports of problems from patients who received DePuy hip replacement devices over the past several years.

In addition to a large number of consumer complaints, a medical study completed by The National Joint Registry of England and Whale (2010) demonstrated a failure rate of DePuy products of more than 12%.

Due to the fact that many of the affected products have only been in use since 2005, the number of complications related to DePuy hip replacement products may actually be even higher than originally believed.

Many of the people who originally received defective DePuy products originally complained of pain in the hip where the hardware is located. An examination of the DePuy product itself indicates that the problems may orginate from the design of the product and the metal-on-metal contact that the device employs.

In addition to pain, people with DePuy hip replacement products have also reported the following:

  • Swelling
  • Hip dislocation
  • Detachment of the product from the bone
  • Dislocation of the hip replacement hardware
  • Fracture of the bone(s) surrounding the implant
  • Splintering of the metals used in the devices

By now, most patients who have received a related DePuy hip replacement product will likely have received notice from their physician or medical center where the procedure was performed. If you have relocated or are unsure if you received a DePuy product, you should contact your physician to inquire further.

In addition to removing the product from the market, DePuy has also established a system to field questions and concerns from people who have received an impacted hip replacement product who offers to provide payment for additional medical treatment.

Nonetheless, if you received a DePuy hip product since 2005, you may have legal rights related to both your past and future medical care and disability. Currently, this medical device litigation is in the primary stages and the real long-term impact of DePuy hip replacement problems may still be unknown.

Consequently, it is our belief that all recipients of DePuy-afflicted products may have a claim for future medical monitoring that should be paid for by the company.

We are committed to the investigation, litigation and compensation of all potential DePuy-related cases. Please fill out the contact form and our medical device lawyers will contact you to discuss your legal options with you.

Defects With DePuy Hip Replacement Hardware May Give Rise To Lawsuits Against Manufacturer

DePuyEvery year, almost 200,000 hip replacement surgeries are performed in the United States for a variety of reasons including trauma and arthritic conditions.  

For many of the hip-replacement patients, a hip replacement surgery is particularly difficult due to the invasive nature of the procedure and the lengthy recovery time. 

As a lawyer who frequently works with the elderly, I have witnessed how a hip replacement procedure can really negatively impact the quality of life.  Sadly, hip replacement surgeries in many elderly people results in a rapid downward spiral in their physical and psychological well-being.  Some studies suggest that more than 25% of patients over 65-years-old will die within a year of the procedure.

What if the hip replacement only resulted in additional pain? 

Or what if the procedure needed to be repeated?

Unfortunately, many hip replacement patients who received artificial hips and various parts manufactured by DePuy, a division of Johnson and Johnson, their original hip replacement may have resulted in both additional pain and the need for a revisionist surgery.

On August 26, 2010, DePuy issued a product recall for their: DePuy ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System.  The product recall came after numerous medical studies confirmed that the DePuy products failed to perform as they were intended-- and marketed to the public.

For some patients who received these defective products, a second or third revisionist hip replacement surgery was necessary due to various defects medical experts relate to metal-on-metal contact that is used in DePuy products.  The design of the DePuy devices has resulted in high product failure rates and splintering of the metal into the patients body.

Given the severe problems associated with DePuy hip replacement products, people who have received DePuy have legal rights related to their pain, disability and medical expenses.  Currently, no class action has been formed and injured individuals can pursue their claim directly against DePuy.  If you have questions as to weather you are a recipient of a DePuy device, you can obtain that information from your surgeon or medical center.

If you have suffered an injury due to a defective hip replacement product or have questions regarding your legal rights.  Please fill out our contact form or call and speak to a medical device lawyer today.  (888) 424-5757.

Related:

Johnson & Johnson Unit Recalls 2 Hip Replacement Systems, Medscape Today by Robert Lowes

Johnson & Johnson Recalls Hip Implants, New York Times, Natash Singer, August 26, 2010

Nursing Homes Abuse Blog: Questions Persist With Problems Related To DePuy Hip Replacement Products

About Jonathan Rosenfeld

Photo of Jonathan Rosenfeld

Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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