Washington Injury Attorney Blog

National Public Radio's Program Morning Edition aired a story today ""Prone to Failure, Some All-Metal Hip Implants Need to be Removed Early" which explained issues patients are having with the recalled DePuy ASR hip implants.

The feature story highlighted the plight of one patient, Susy Mansfield, a woman who was implanted with an artificial hip at the relatively young age of 57. At the time, her surgeon recommended a metal-on-metal hip because he said they would last longer since the metal-on-plastic hips which have a life span of 10-15 years.

Mansfield's hip was problematic from day one. She suffered constant pain after the surgery, a pain she described as "terrible" and a "hot pain". Her hip implant also was loose. When Mansfield found that her hip implant had been recalled, she sought the help of a surgeon who was experienced in replacing faulty hip implants, Young-min Kwon of Massachusetts General Hospital. Amazingly enough, her original surgeon's office told her that her implant had not been recalled.

The problem with the DePuy ASR hip implants was that they had not been thoroughly tested on humans. The DePuy implants were approved by the FDA with a fast track system known as a FDA 501(k). Dr. Kwon said:

"I think there are lessons for all of us -- that you need to have scientific data to support any introduction of any new technology. One might argue that [this one] didn't have enough.]"

When performing Mansfield's second hip replacement surgery (known as a revision surgery), Dr. Kwon discovered that the cobalt and chromium metal that was shed by Mansfield's DePuy hip implant had damaged her muscles and surrounding tissue. In addition, her bone had not grow around her implant as it should have and Dr. Kwon had to perform bone grafting using a cadaver bone.

A British study found that the DePuy hip implants have a five-year failure rate of 1 in 16 patients but it could be higher. The United States has no national joint registry as they do in the U.K. so there are no real estimates of how many American patients are affected.

The good news for Mansfield. Only four days after her 2nd hip replacement surgery, she was able to go up and down stairs with the help of crutches.

Continue reading "NPR Feature Story on Metal-on-Metal Hip Implants" »

University of California San Diego orthopaedic surgeon, Dr. Scott Ball, has recorded a video available for viewing on YouTube on Metal-on-Metal Hip Replacements. The video is a good one to watch if you or a loved one has had hip replacement surgery with a metal-on-metal device as it provides a lot of information about the implants, how they can affect one's health and tests to identify if there is a problem.

Hip Implants in the News

Metal-on-metal hip implants have been in the news ever since DePuy Orthopaedics, a division of the pharmaceutical giant Johnson and Johnson, recalled the ASR XL Acetabular and Hip Resurfacing Systems because of their higher than normal revision rate. It appears as if the design of the DePuy ASR implant systems was faulty causing more wear debris than similar devices made by other manufacturers.

Studies showed that the DePuy ASR metal-on-metal hip implants systems are especially problematic and some studies estimate that the failure rate within in five years is 1 in 8 patients. A British society of orthopedic surgeons estimates up to 60% of the patients implanted with the DePuy ASR device will require a revision or second hip replacement surgery.

Hundreds of patients have filed claims against DePuy Orthopaedics claiming that DePuy was aware of the high failure rate of the device but nevertheless continued to market it in the United States even though it was banned in England and Australia among other countries.

Metal-on-Metal Hip Implant Side Effects

In the video, Dr. Ball states that studies show that metal-on-metal implants for the most part perform "very well." However, he explains, some patients have adverse reactions to the metal wear debris caused when the implant ball rubs against the cub and small particles of chromium and cobalt are shed. Some patients' immune systems are sensitive to even a small amount of metal debris and they can experience adverse reactions. An inflammatory reaction can cause problems with the soft tissue surrounding the implant. Symptoms can include:

• Stiffness
• Swelling
• Decreased range of motion
• Clicking or ratcheting sensation
• Slipping Sensation

Patients with the recalled DePuy hip implants have been advised by DePuy to contact their orthopaedic surgeon for evaluation. The orthopaedic surgeon may choose to perform the following tests:

• x-rays - to determine if there is bone resorption
• Blood tests to check for elevated cobalt and chromium levels in their blood serum which indicates whether there is too much metal debris being shed
• MRI or Ultrasound to check for fluid or a mass around the hip implant

Continue reading "Orpthopaedic Surgeon Explains Metal-on-Metal Hip Implants" »

The Farber Law Group is engaged in representing several clients who have claims against DePuy Orthopedics, a division of the Pharmaceutical giant Johnson & Johnson. Our clients have suffered some serious injuries after they were implanted with defective metal-on-metal hip implants manufactured by DePuy.

It was of great interest to our firm when we read today's front page article in The Seattle Times entitled "Failing hip implants will cost billions to replace." The article discusses at length the money that the failure of metal-on-metal hip implants will cost individuals, the manufacturers of the hip implant devices, the insurance companies, and taxpayers and contribute to the escalating cost of health care. According to The Times' article, the medical costs to replace the faulty hip devices could be in the billions of dollars.

Thousands of patients who received the DePuy hip implant have filed lawsuits against Johnson & Johnson in hopes of receiving compensation for their damages which include medical costs, loss of wages and pain and suffering. Many patients have medical bills of up to a half million dollars. Medical costs are not the only financial hardship to patients. Many of the patients are younger and have been disabled or been prevented from working.

According to the article in The Times, a half million patients have received a metal-on-metal hip replacement. The DePuy ASR XL Acetabular and Hip Resurfacing Systems were recalled on August 24, 2010 after many patients suffered serious side effects and many required a second "revision" surgery to replace their device. Side effects included severe pain, fractures, dislocation, nerve damage and necrosis, or tissue death.

There is also a heightened concern that the metal-on-metal design of the DePuy artificial hips may cause metallosis, a condition in which the metal shavings from the device are shed into the surrounding tissue and cause inflammation. Some symptoms of metallosis include pseudo-tumors, premature tissue death and even cancer.

The DePuy hip implant devices were marketed to active and younger patients but they were brought to market using a "fast track" approval process under FDA rule 510 without the testing necessary to make sure they were safe. By 2008, the FDA received hundreds of complaints from patients who had serious problems with their implants. The devices were pulled from the market in Australia and France where patients there were requiring revision surgeries at an alarming level but DePuy continued to market and sell the product in the United States even though the evidence was mounting that the devices were defective.

DePuy has engaged a risk management company, Broadspire, to deal with patient's medical claims. Broadspire has contacted patients with the defective hip and offering to pay co-payments and deductibles of patients requiring revision surgery. Broadspire asks patients to sign a Medical Release Form which allows the company to see a patient's private medical records. The Farber Law Group recommends that patients not sign such a form until they receive sound advice from a product liability law firm.

This information is provided by Washington Injury Attorney blog, a service of the Seattle product liability law firm, The Farber Law Group. Call us for answers to your questions about your DePuy hip implant device. We provide local representation to patients in the Pacific Northwest. We have a co-counsel relationship with a leading New York law firm in order to maximize your recovery.

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Continue reading "Financial fallout of defective hip implants may cost billions" »

Patients in Washington state and throughout the Northwest are not the only ones mulling over their options after the ASR XL Acetabular and Hip Resurfacing Systems hip implant was recalled after many patients had very serious health repercussions due to the faulty design of the hip implant. Common complications include swelling, loosening of the joint, severe pain and fractures. More serious complications include metallosis which is metal poisoning.

In Australia, their senate is mulling over whether they want to mandate that doctors be forced to report problems that they observe with medical devices. This comes after the DePuy hip implant failed in about 5,000 Australian patients who received the device and these same patients have initiated a class action lawsuit.

One of the Australian senators said that he believes that the Therapeutic Goods Administration (TGA), a consumer watchdog agency which is similar to the Federal Drug Administration here in the U.S., "failed consumers".

One Australian news agency went so far as to call the massive DePuy failure a "scandal".

The community affairs committee of their Senate is recommending a couple of major reforms in the Australian healthcare system including:

• Mandatory reporting -- Requires all health practitioners report adverse results from medical devices to the Therapeutic Goods Administration (TGA).
  
• Transparency -- Eliminates financial incentives paid to doctors by medical device manufacturers and pharmaceutical companies to use their products.

Looking at Australia from the U.S., it seems like their TGA did a better job than the FDA did here in the U.S. as the DePuy hip devices were pulled from their market while they were still being implanted here in the U.S.

Source: "Doctors could be forced to report faults", news.com.au, 11/22/11

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm representing patients with failed DePuy hip implants in the greater Seattle area and throughout the Pacific Northwest.

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Continue reading "Committee recommends mandating that doctors report failed medical devices in wake of DePuy hip implant recall" »

A personal injury is any kind of accident where you are injured. If you have an accident and feel another party is at fault, you may decide to file what is called a personal injury claim in order to be compensated for damages that may occur from medical or emotional costs associated with the accident.

There are many types of personal injury claims, and while you can file a personal injury claim for just about anything, the most common types of claims are those that involve car accidents, work related injuries, slip and fall accidents, accidents in your home and holiday accidents. Others include product liability claims such as when you are injured from a defective product that you have purchased.

When you file a personal injury claim, you are asked to describe the accident, and provide a dollar amount that you think is suitable compensation. This can include medical and dental bills, money lost due to time missed from not being able to work, or even emotional damage if you can prove your accident caused you emotional or psychological stress.

While filing a personal injury claim seems like a straightforward process, it’s actually very complex and often a controversial topic, with many politicians and attorneys calling for caps on the amount that someone can receive due to a personal injury claim.

If you think you have been in an accident that is clearly the fault of some other party whether it is a business, company or another person, you have the right to file such a claim. The best thing to do first is to note all of your injuries and keep good records of every step of your process. If you have seen a medical doctor, keep good records of the diagnosis.

You will probably find navigating the system on your own challenging and frustrating, and in this case, you may need to hire a personal injury lawyer to give you advice on what to do next, how much your case is worth in damages, and any providing you with any other necessary information to make the process of filing a personal injury claim run smoothly.

If you are hurt in any type of accident, you should not just sit idly by if someone else is clearly at fault. A personal injury claim can make sure that you receive the proper compensation for your accident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have serious personal injuries due to the negligence of another.

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In August 2010, the DePuy Orthopaedic division of Johnson & Johnson recalled the ASR XL Acetabular and Hip Resurfacing Systems due to a high failure rate compared to traditional hip implants. Patients fitted with the DePuy implants were advised to meet with their orthopedic surgeons to determine if they might require a hip "revision" or the replacement of their hip prosthesis.

The DePuy hip implants were touted by the company as the device that should be used in younger and active patients because the metal-on-metal design would have a longer life and the design would allow the patient to remain active.

Unfortunately, studies have shown that the metal-on-metal design of the hip implant caused cobalt and chromium ions, or metal artifacts, to be released into the patient's tissue which caused a number of complications.

One complication is that metal released in a patient's system can cause pseudo-tumors or granulomas. A granulomatous reaction can occur when immune cells called macrophages wall off foreign substances that the body is unable to eliminate. In the case of the metal-on-metal hip implants, the masses can form as an immune reaction to metal debris. These pseudo-tumors can also contain necrosis, or dead cells.

If a pseudo-tumor grows large, it can cause loosening of the hip joint and it can eat away at the bone.

What tests can determine the presence of a pseudo-tumor?

Doctors have several tests which they can use to determine what is causing a patient's symptoms or to see how the hip implant is doing.

Sonography/Ultrasound

Sonograms is a diagnostic tool that is non-invasive and uses sound waves to generate an image that a medical profession can uses to assess and diagnose. It can be used to look at soft tissue masses and bone surfaces. It is often used as an initial screening tool as it is inexpensive and easy to perform.

Magnetic resonance imaging (MRI)

MRI's can be costly exams but they are able to provide detailed visualizations of internal structures. They can show reactive masses such as pseudotumors because they can show contrast of the different soft tissues of the body.

CT Scans/catScan

A CT scan can also be a useful tool with its 3-D imaging to show pseudo-tumors. However, the MRI provides a greater contrast between the various soft tissue.

Blood Tests

DePuy hip implant replacement patients are also advised to have a blood test which can determine whether there is an excess of metal in the bloodstream. Some patients with the DePuy hip implant have been found to have cobalt and chromium levels at more than 100 times a normal level. Metal at high levels is known to be a cancer causing agent.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represents patients throughout western Washington and the Pacific Northwest who have had their DePuy artificial hip recalled.

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Continue reading "Diagnostic tools to detect metal-on-metal hip implant complications" »

The largest joint database in the wold which tracks more than a million patients with hip, knee and ankle joint surgeries finds that 25% of the patients with DePuy ASR hip implants had their implant fail within six years of implantation.

The National Joint Registry of England and Wales found that the actual rate of hip implant failure was 29% after six years in patients with the DePuy ASR XL Acetabular and Hip resurfacing hip implants. This number can be compared with patients with traditional style hip implants which only have a 9.9% failure rate.

The registry in England and Wales provides definitive research on the outcomes of joint replacement surgery. The U.S. has no such joint registry and therefore lagged behind the UK in discontinuing the metal-on-metal hip implant surgeries.

Johnson & Johnson's DePuy subsidiary recalled the metal-on-metal hip implants in August 2010 after reports of high failure rates started being logged. The recall affected tens of thousands of patients with many having serious symptoms including severe pain, fractures and metal poisoning caused by the rubbing of the metal-on-metal components in the hip.

This information is provided by The Farber Law Group who provides legal services to patients who had the defective hip implanted.

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Continue reading "Medical registry finds that 25% of DePuy ASR hip implants failed within six years" »

Pelvic Organ Prolapse (POP) is a medical condition suffered by women where a woman's pelvic organs fall from their normal position and protrude into a patient's vagina. While the condition can occur to any woman, women who have had very long labors or large babies are more prone to the condition. Women who smoke, are obese or have strain injuries are also at increased risk to experience pelvic organ prolapse.

POP was often the cause of a hysterectomy -- removal of the uterus -- in women. Surgeons also have other surgical options which include repairs to the vaginal wall through a transvaginal procedure.

Surgeons have increasingly been using surgical mesh, implanted through the vagina, to repair the prolapse. Surgeons had an option of using a non-absorbable synthetic, an absorbable synthetic or a biolgic to do the repair. However, in most cases, surgeons used a non-absorbable synthetic polyproplene.

The FDA reports that 300,000 women underwent POP repair in 2010 alone and in 75,000 of those cases, surgeons opted for the mesh repair.

Now it has come to light that some women who have had a repair with non-absorbable surgical mesh have suffered some serious and some time debilitating complications.

On July 13, the U.S. Food and Drug Administration issued a notice that with who had the transvaginal mesh repair have a five fold increase of pain and injuries. Last week Public Citizen, a consumer advocacy group petitioned the FDA to have the medical devices pulled off the market.

Up to 600 women with serious injuries have filed lawsuits against some of the leading manufacturers of the surgical mesh including Johnson & Johnson. The lawsuits claim that the manufacturers were negligent in bringing the product to market and did not do due diligence in testing what they say is a defective product. So far, none of the lawsuits have gone to trial.

The Farber Law Group is closely monitoring news feeds from the FDA and keeping abreast of the latest developments. We are a personal injury law firm and we represent people who have been seriously injured by dangerous or defective products .

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Continue reading "Lawsuits filed against Johnson & Johnson due to injuries from vaginal mesh product" »

In the past couple of years, quite a few medical devices have either been recalled or come under scrutiny after reports of patients being seriously injured or killed due to a defective device. In the case of DePuy's artificial hip implant, Johnson & Johnson's surgical mesh product for pelvic organ prolapse (POP) and the Myxo ETIlogix annuloplasty ring, these devices were approved by the FDA through the 510(k) process which allows new medical devices to come to market through a nominal premarket approval process.

Now, the U.S. Institute of Medicine, a non-governmental non-profit organization which provides unbiased and authoritative advice on science, medical and health issues, is calling for a complete overhaul of the FDA process for approving new medical devices.

A medical device can be a simple tool like a thermometer, bandage or complex such as pace-makers, artificial hips or MRI machines. The FDA is responsible for ensuring that a medical devices have a "reasonable assurance of safety and effectiveness" before it can come onto market. Devices that may pose some risk to patients must be cleared through the Section 510(K) process.

The 510(k) process is a "fast track" through FDA approval and allows manufacturers to claim that a new device is substantially equivalent to other devices and therefore do not require expensive medical scrutiny and clinical trials. In the case of the DePuy hip implant that was recalled, the design was of significant departure from previous hip implant designs but was still given market clearance.

The Archives of Internal Medicine published a study that found that medical devices that resulted in serious patient injury or death were more likely to have been approved by the FDA through the 510(k) process.

On July 29, 2011, the U.S. Institute of Medicine published the results of a study of the FDA approval process which found that the 510(k) process is flawed and rather than trying to fix it, the FDA should develop "an integrated premarket and post market regulatory framework that provides a reasonable assurance of safety and effectiveness throughout the device life cycle." (Read the Press Release, "FDA Should Invest in Developing a New Regulatory Framework To Replace Flawed 510(k) Medical Device Clearance Process")

Pressure is on the FDA to change the approval of medical devices but also to put in place a system in which problems with the devices are tracked and patient symptoms noted.

Hopefully, the FDA will move forward with insuring patient safety from defective medical devices.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by defective medical devices and through medical malpractice.

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Continue reading "Is it time to revamp the FDA approval process of medical devices?" »

The Wall Street Journal (WSJ) reports that around 1,000 product liability lawsuits have been filed against Johnson & Johnson in federal and state courts in the wake of the DePuy ASR XL Acetabular and Hip Resurfacing Systems recall of August 2010.

According to the WSJ, Johnson & Johnson faces up $1 billion in liability costs and put $570 million into its liability fund last year to cover potential DePuy ASR lawsuit costs.

DePuy, in an attempt to limit their liability, has offered to pay out-of-pocket medicals costs of patients. When patients opt for this, they limit their ability to obtain compensation for other damages such as lost wages and for pain and suffering.

DePuy recalled the ASR hip devices after patients suffered a higher than normal revision rate -- 12-13%. A hip revision involves removing and replacing the original hip implant and replacing it with another. This is not an easy surgery as the implant has been hammered into the patient's bone. For most patients, this is an expensive, traumatic and dangerous surgery.

There is also mounting evidence that cobalt and chromium used in the devices was being released into patients blood stream and tissue surrounding the implant causing poisoning and a condition called metallosis. Some patients complained of pain, infections and inflammation.

Evidence shows that Johnson &Johnson knew of the problems with the metal-on-metal hip implants for a year before they recalled the product. If victims can argue this in court, they may be able to justify punitive damages.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a product liability law firm and we represent patients who have suffered injury due to defective medical devices.

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Continue reading "Johnson&Johnson faces $1 billion liability costs after more than 1,000 DePuy hip implant lawsuits filed" »

Francoie Stephens has filed a federal lawsuit against the makers of the Zimmer Durom hip replacement, Zimmer Holdings. Zimmer Holdings is the largest producer of orthopedic devices. In 2008, Zimmer announced that they were no longer selling the Durom cup due to a high failure rate.

Stephens said he was unaware of the problems with the Durom hip replacements until he saw a TV ad providing information regarding problems associated with the DePuy hip implant. The DePuy hip implant was recalled in 2010 after it was determined that it had a high failure rate.

Stephens had to have his artificial hip replaced after he started having problems with the hip implant including higher than normal cobalt and chromium levels which could indicate a condition called metallosis.

Stephens accuses Zimmer of not informing patients of the problems with the hip device and for negligently designing, manufacturing and marketing a defective medical device.

Stephens product liability lawsuit seeks damages for pain and suffering, medical expenses, loss of enjoyment of life, disability, physical distress and injury, emotional distress and injury, punitive damages, court costs and interests.

For more information, see Case No. 2:11-cv-01466 in U.S. District Court.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a product liability law firm and we represent people who have been seriously injured due to defective hip implants.

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Continue reading "Hip replacement lawsuit filed by patient with Zimmer Durom hip implant" »

More Americans than ever before are opting for knee replacement and hip implant surgeries due to chronic paint in their joints and arthritis. According to the Centers for Disease Control, nearly 50 million Americans suffer from joint pain.

The number of people who are opting to get artificial knee and hip joints has risen dramatically in the past 10 years. 264,311 people received knee replacement surgeries in 1997 and 621,020 in 2009.

Increasingly, people between the ages of 45 and 64 are seeking artificial hip knees and hip replacement surgeries. There were 288,471 total hip replacement surgeries performed in 2009 and almost half of those patients were under the age of 65.

There are several reasons for the increase in hip and knee replacement surgeries:

• Obesity -- as Americans put on more pounds, the pressure on their joints increases and they start having problems with their knees and hips.
  
• Attitude -- the 45-64 year old age group seek doctors to fix them up. People take medication to lower their blood pressure or improve their cholesterol levels and replacement body parts seems like the next step.
  
• Active life style -- many in the 45-64 age group do lead active life styles and they wear out their joints prematurely.

The good news is that hip and knee replacement surgeries are usually very successful and allow people to resume their lifestyle are close to a normal lifestyle. However, the problem with getting a joint replacement in your 40s is it is really unknown how long the devices will last. It is also unknown if the devices can really support an active life style such as playing tennis daily, skiing and running.

Younger patients should also be wary about the design of their artificial joint after DePuy Inc. issued a recall of the ASR XL Acetabular and Hip Resurfacing Systems due to complications such as severe pain, fractures, loosening and the potential for metallosis, or metal poisoning. In fact there is concern about any joint replacement with metal-on-metal components. [Read more about the DePuy recall here.]

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a medical malpractice and product liability law firm and we represent people with defective DePuy hip implants.

Source:
Baby Boomers Fueling Boom in Knee, Hip Surgeries
ABC News
May 23, 2011

Continue reading "The number of Knee and hip replacement surgeries in the 45-64 age group continues to rise" »

NPR's popular Morning Edition show did a feature on metal-on-metal artificial hips and their effect on patients this morning. The story, reported by Patti Neighmond, discussed the metal-on-metal hip manufactured by DePuy Orthopaedics which was the subject of a recall August 2010.

You can Listen to the Story here.

While artificial hips have been restored mobility and provided quality of life for people with severe arthritis and other conditions, the DePuy ASR hip implants have had a higher revision rate requiring a second surgery where a new device must be implanted.

The DePuy ASR system was of a new design and it promised increased mobility for the younger patient and for those with an active lifestyle. It was constructed with a metal-on-metal instead of more traditional designs that had metal on plastic or metal on ceramics. The result is that when the metal ball and socket rub against each other in normal wear, there can be metal shedding which releases tiny metal particles in the tissue surrounding the implant and sometimes even in the blood stream.

Some patients with the DePuy ASR hip have tested positive for high levels of Cobalt and Chromium in their bloodstream. This is a condition called metallosis and it can have potentially very serious consequences including pseudo tumors, tissue damage, allergic reaction, infection and tissue necrosis.

The Farber Law Group, a personal injury and product liability law firm with offices in Seattle and Bellevue, has invested a great deal of time and study in the recalled DePuy hip implants. We are uniquely qualified to help DePuy hip implant recipients to insure their rights are protected whether or not they are symptomatic. Contact us for more information.

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Continue reading "NPR article on Metal Artificial Hips on Morning Edition show" »

The DePuy ASR hip replacement recall does not just affect patients here in the United States. The recall affects patients in Australia, Sweden and in the United Kingdom. In all, it is estimated that 90,000 hip implant patients have had their defective implants recalled.

At The Farber Law Group, we are keeping abreast of the world-wide news concerning the recall and how the legal suits in other countries are progressing. But it's the descriptions of the patients and what they are enduring that is especially moving.

In the U.K., where healthcare is managed, many patients have to wait a long time to have their implant replaced despite "crippling pain" while their health may be further jeopardized.

In an article in the Liverpool Daily Post, one lawyer described the pain her client suffered, "One person said it was like constant leg cramps times 100, and some have thought about ending their own lives." The article went on to say that hundreds of patients at one hospital suffer from "crippling pain."

Very sad to thing that a surgery that was supposed to help has ended up with such painful results that implant victims think of suicide.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. If you or a loved one has a DePuy hip implant that has been recalled, contact us whether you are symptom free or not and we will work to ensure your rights are protected.

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An investigation into the DePuy metal hip will air on Monday, May 16, in Australia. The report called "Joint Reaction -- How a revolutionary medical device that offered patients a new lease on life left many of them poisoned and crippled" will air on the ABC program Four Corners.

In the show, McDermott introduces viewers to several patients who were implanted with DePuy's Articular Surface Replacement hip (ASR). One patient, a 76-year-old man who was very active, suffered metal poisoning after his implant. He had to have five surgeries after the ASR hip implant was installed and today can barely walk.

Another patient, a 43-year-old woman, was found to have toxic levels of Cobalt in her system caused by her hip implant, a serious medical condition called metallosis which can cause pseudo-tumors, heart problems and cancers.

In the news piece, McDermott seeks to answer these questions:

• How was the DePuy metal-on-metal technology approved?
  
• Who designed the DePuy ASR hip implant?
  
• Was the DePuy fully tested on humans before it was marketed?

The program quotes one patient saying:

"...the patients are the guinea pigs yes, and then they use the result when they put them in a patient."

We hope we will be able to view this program some time in the future in the U.S. where thousands of people implanted with the hip and where the DePuy recall of the hip device did not occur for 2 years after the FDA had received nearly 400 complaints about the high failure rate of the device.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured and sickened due to the defective DePuy ASR hip implant. Our firm's founder, Herb Farber, himself a hip implant patient, will work hard to fight for your rights and for the compensation you deserve for your injury.

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Continue reading "Australian journalist investigates DePuy metal hip" »

In August 2010, DePuy Orthopaedic, Inc., recalled the ASR XL Acetabular and Hip Resurfacing Systems due to a high revision rate. This recall affects approximately 90,000 patients. Unlike recent recalls of floor mats from Toyota Motor Corporation or aquarium heaters, the recall of a hip implant is very personal and affects the quality of life of thousands of people.

The question raised by many since this is a recall by a major corporation affecting a large number of people, "Is there a class action lawsuit pending by the DePuy hip implant recall victims?"

The injuries suffered by victims of the faulty hip implant are very personal and vary widely from patient-to-patient. Damage claims are based on whether the patient suffered from metallosis, had an active lifestyle or had an especially bad outcome requiring a leg amputation. Therefore, civil litigation regarding the DePuy hip implants is not suitable for a class action.

Instead, the United States uses a Multi-District Litigation (MDL) procedure in federal court cases where victims have common claims. MDLs are ordered by a panel of federal court judges when a collection of personal injury cases have common theories of liability and the same defendants, in this case DePuy Orthopaedics.

MDL 2197 in the Northern District of Ohio presided by Judge Katz operates for the discovery portion of the cases. The MDL allows for all the discovery to run efficiently since the discovery is based upon the same basic set of facts. The description of the MDL follows:

The actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device, the ASR Hip Resurfacing System, in August 2010.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have a recalled DePuy hip implant and we will work hard to ensure your rights are protected. Our firm founder, Herb Farber, is passionate about representing clients with the recalled DePuy hip implant because he is hip implant patient himself. Read his story here.

Continue reading "DePuy hip implant recall: "Class Action or MDL?"" »

As we mentioned in our Blog a few days ago, the Senate Special Committee on Aging was holding a hearing on the defective DePuy hip implant that was recalled in August 2010.

The Senators in the committee held their hearing and heard from a patient who, after receiving a defective DePuy hip implant, had a second, or revision surgery, to implant a new device. The patient that testified, Katie Korgaokar, had one of the serious side effects of the implant which is elevated levels of cobalt and chromium in her bloodstream caused by the metal-on-metal rubbing of the hip implant. In fact Korgaokar's cobalt and chromium levels in her blood were approximately 1,000 percent higher than the average person.

One notable thing that Korgaokar said was:

“In my mind, recalls were for dishwashers and cars, not body parts."

Kargaokar went on to tell the Senate that she thought that any device placed in a person's body had been thoroughly tested. In the case of the DePuy implants, they were approved by the FDA without clinical trials under FDA rule 510 which is a "fast track" process that allows certain similar drugs or medical devices to be approved without clinical trials.

Kargaokar told the Senators that she learned that her hip replacement surgeon was paid more than $600,000 in consulting fees from DePuy. She said, "“Although I would like to think these payments had no influence on my doctor’s decision to use the ASR, I will always have doubts."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who were implanted with the defective DePuy hip implant. With our help, you may recover compensation for your damages which includes medical costs, rehabilitation costs, lost wages and for pain and suffering.

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Continue reading "U.S. Senate hears testimony from patient with defective DePuy hip implant" »

The U.S. Senate Committee on Aging will convene a panel tomorrow, April 13, 2011, to hear testimony about the DePuy Hip Implant Recall tomorrow, April 13, 2011.

Testifying before the Senate will be leading patient safety advocates, including Diana Zuckerman, the co-author of a report that claims that medical devices that were approved by the FDA through the 510(k) program are more commonly recalled. The recalled DePuy ASR XL Acetabular and Hip Resurfacing Systems were brought to the market without having gone through clinical trials under the FDA rule 510.

Other experts will also testify including Dr. William Maisel, chief science officer for the FDA's Center for Devices & Radiological Health; David Nexon of the Advanced Medical Technology Association; and Ralph Hall, a professor at the University of Minnesota Law School.

Also appearing before the committee will be a patient who was affected by the recall.

DePuy announced their voluntary recall of their ASR hip implant systems in August 2010 after reports that patients with these devices were experiencing failure at a rate higher than other medical devices. Since then, there is a growing concern that, because of the design of the hip, there is a risk of metal-on-metal rubbing which can release ions of cobalt and chromium in the blood system and surrounding tissues resulting in serious side effects including metallosis.

Many patients have filed lawsuits against DePuy claiming damages after having to undergo a second, or revision, surgery. In addition, patients who are at this time asymptomatic need to have their blood drawn and tested for the presence of metals. Many of these patients are choosing to contact a personal injury attorneys who specialize in product liability to insure their rights are protected.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent patients who received a defective DePuy ASR hip. The founder of our law firm, Herb Farber, is himself a hip replacement patient so he is keenly aware of the trauma of a revision surgery.

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Continue reading "U.S. Senate Committee on Aging to hold hearing on DePuy hip implant recall" »

The British Hip Society and British Orthopaedic Association says that the failure rate of the DePuy ASR hip implant may soar to 49%, four times more than its original estimate reports Bloomberg News.

Britain has a national registry that tracks patients who have had artificial joints implanted. This registry originally revealed that that within four years, 21% of the patients fitted with the DePuy ASR hip implant required a revision, or re-do surgery. A new study based on the results from four surgeons reveals that upwards of 49% of patients have to undergo a second surgery to replace their defective hip within six years of the original surgery.

Dr. John Skinner, an orthopedic surgeon and chairman of the Orthopaedic Association advisory group on metal bearing hips said that he felt that this study is "the best indicator so far of what the failure rate is likelly to be" even though the data has not undergone peer review.

Affected patients have filed product-liability, failure-to-warn and negligence civil lawsuits claiming DePuy was negligent in their manufacture and marketing of the prosthesis and that DePuy knew the implants were flawed long before the recall. In their lawsuits, victims seek damages for medical costs, pain and suffering and for lost wages.

It is recommended that asymptomatic patients seek the advice of a product liability attorney to insure that their rights are protected.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been injured by the defective DePuy hip implant.

Source:
J&J Hip Failure Rate as High as 49 Percent, U.K. Doctors Say
By Greg Farrell and David Voreacos - Mar 9, 20
Bllomberg News

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Continue reading "British orthopedics group estimates DePuy ASR hip implant failure may reach 49%" »

It was a small article in the Irish press but the words used were so strong that we had to reprint them here.

Dr. Thomas Joyce of Newcastle University has called the recall of DePuy hip implants a "medical disaster."

Ireland's Sky News quoted Dr. Joyce as saying:

"It [the DePuy recall] is the biggest disaster in the history of orthopaedics. To think here we are in the 21st century, in 2011, that we have such major failures. This has major implications around the world."

In August 2010, DePuy Orthopaedics division of Johnson & Johnson recalled the ASR XL Acetabular and Hip Resurfacing Systems citing a high revision rate. While DePuy says that 13-14% of their hip implant devices will eventually need to be replaced, we've seen articles in the Irish press that predict that upwards to 50% of the devices will eventually need revision.

The reasons for the high revision rate was initially failure symptoms including severe pain, dislocation and fractures. However, over time there is concerning data that shows that the metal-on-metal design of the hip implant can cause metallosis which is metal poisoning. High concentrates of Cobalt and Chromium in the blood stream and in the tissue around the affected implant can cause necrossis, or tissue death, pseudo-tumors, as well as heart damage and cancer.

If you or a loved one has had a hip implant since 2003 and are unsure what you should do, contact The Farber Law Group, a product liability law firm with offices in Seattle and Bellevue, with more than 30 years experience representing people with serious injuries.

Herb Farber, our firm's founder, has two hip replacement surgeries himself, the last one in November 2010, so he understands your damages and suffering.

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Continue reading "Medical expert calls DePuy hip implant recall "biggest disaster in the history of orthopedics"" »