Articles Posted in DePuy Hip Recall

The Farber Law Group represents numerous patients who have been adversely affected by the faulty DePuy hip implant device so this morning when we opened our new feed we were keenly aware of reports of a DePuy hip implant settlement. Settlement rumors have been rumored for the past few months.

Today, the media is all abuzz with reports such as these:

Wall Street Journal: J&J to Pay at Least $2.5 Billion to Settle Hip Lawsuits

New York Times: Johnson & Johnson to Offer $2.5 Billion Hip Device Settlement

Bloomberg News:
J&J Said to Announce $4 Billion Hip-Implant Pact Nov. 19

Fox Business: Report: J&J Reaches $4B Hip Implant Settlement

My Central Jersey:
J&J expected to OK multibillion-dollar hip implant settlement

The court still has to approve the settlement and an announcement should provide more details. One report estimates that each patient who has had to have a hip replaced will receive $350,000.

If you are wondering how this news might affect the status of your case, please contact our office.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent clients who have been seriously injured by the faulty DePuy ASR XL Acetabular and Hip Resurfacing systems manufactured by DePuy Orthopaedic, INc., a division of Johnson & Johnson.
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Seattle DePuy Hip Replacement LawyerThe Farber Law Group, a personal injury law firm located in Bellevue, Washington, represents people who have been seriously injured by the now-recalled DePuy ASR hip replacements. We have been closely monitoring the couple of cases that have gone to trial and the settlements that each of the victims received.

DePuy may be considering settling cases rather than taking them trial after a Los Angeles jury awarded a plaintiff $8.3M.

In reading several blogs and reports in Bloomberg News and The National Law Journals, it appears that DePuy Orthopedics Inc., may be close to settling more than 10,000 lawsuits brought against it. Bloomberg News says that Johnson & Johnson, DePuy’s parent company, may have set aside $3 billion to compensate the victims of the defective implants.

Some blogs are even suggesting that several cases that were slated for trial have already been settled on the QT. One such case scheduled for California court appears to be settled and one in New Jersey has been recorded as resolved and the cases were removed from Bergen County District Court trial calendar.

In Ohio where several federal cases were consolidated, the September 24 trial date has been postponed. Perhaps there may be settlements in the works before this case goes to trial.

We will keep you apprised to what we learn about case settlements and are keeping our clients abreast of the fast changing legal landscape.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Call us today for answers to your questions about your hip implant and your legal standing in regards to filing a lawsuit.
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medical device recall lawyerIn a move that seems long overdue, the U.S. Food and Drug Administration is implementing a database which will track medical devices enabling physicians and patients to obtain information about medical devices and allowing the FDA, in a centralized system, to track potential problems with medical devices.

Starting September 20, the FDA has instituted a final rule requiring medical device manufactures to provide a unique tracking code to medical devices. This code — known as Unique Device Identifier (UDI) — is a code on the device label, packaging or product which identifies the device and the production lot/batch, serial number, manufacturing date and expiration date of a device. The device database will contain other information about the device such as whether the device is sterile or needs to be sterilized, whether it contains rubber latex, whether it is safe with MRI machines and whether the device is prescription or over the counter.

Medical devices such as hip implants, transvaginal mesh implants, knee implants, heart wires, and pacemakers will all be required to have a UDI.

It is hard to believe that up until this system, the FDA really had no centralized way to track medical devices that failed. In fact, medical devices unlike most products sold on the market could not be uniquely identified. The FDA has received more than 17,700 reports of medical-device related device and thousands more patients have been injured by defective medical devices, some of them seriously.

Device registry systems have been in place in other countries, including England and Australia, and help researchers quickly identify medical devices with a high rate of failure to alert physicians and patients and to provide a system in which faulty devices can be pulled off the market.

Take for example the DePuy ASR XL hip implant device. The ASR was marketed implanted in approximately 100,000 patients across the globe but, because the U.S. did not track the device, it is unknown how many patients received the device. In England and in Australia, the medical authorities were alerted as early as 2008 that the hip implant had a high failure rate and they removed the device from their markets. In The United States, the FDA started receiving hundreds of complaints about the DePuy hip implants but DePuy continued to sell the hip implant devices until a recall was announced in 2010. Unfortunately, thousands of people suffered serious complications from the device.
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The Farber Law Group, a medical malpractice law firm located in Bellevue, Washington, recommends that all patients fitted with a DePuy metal-on-metal ASR hip implant seek legal counsel before statute of limitations run out.

Seattle DePuy Hip Replacement LawyerIf you are a patient with a ASR XL Acetabular and Hip Resurfacing Systems, you could literally be forfeiting hundreds of thousands of dollars if you wait too much longer to file a claim. If you are a loved one received a DePuy ASR hip implant and you have not yet filed a claim, you should call The Farber Law Group at 1-800-244-9087 as soon as possible to make sure you do not limit your recovery.

The DePuy ASR hip implant was recalled because of its high failure rate. The hip implant has been known to cause fractures and dislocations. Many patients have suffered considerable pain. One of the most worrisome side effects of the hip implant, however, is the metal debris of cobalt an chromium which can be shed in a patient’s tissue and blood stream when the metal parts of the hip implant rub. The Farber Law Group can recommend the specific blood test which measures levels of heavy metal in a patient’s blood stream. If a patient tests positive at certain levels, it is a good indication that the hip implant should be removed and replaced.

Heavy Metal Poisoning

Heavy metal poisoning such as chromium toxicity or cobalt toxicity may not immediately cause physical symptoms. However, the presence of heavy metals in the body can cause long-term damage. A build-up of Cobalt can cause nerve damages, thyroid problems, kidney failure, pulmonary syndrome, hemorrhage, skin problems and gastrointestinal distress. A build-up Chromium can elevate one’s cancer risk, cause reproductive problems, DNA mutations and can impair the liver.

What Concentration of Metal is Considered High?

DePuy Orthopedics, Inc. reports that 7 parts per billion of cobalt or chromium are high levels and should concern patients. The famous Mayo Clinic sets a different level. High Chromium levels are “blood serum concentrations greater than 1ng/mL in a patient with Cr-based implant suggest significant prosthesis wear.” Toxic levels of Cobalt are any levels greater than or equal to 5.0 ng/mL.Since metal can build up over time, any elevated level may cause concern. One should check with their doctor to verify what the actual numbers are.
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Seattle DePuy Hip Replacement Lawyer

Patients with the DePuy ASR XL hip implants that were implanted by orthopedic surgeons in Washington State between 2005 and 2010 should be aware that the statute of limitations is nearing. Patients with the defective hip implants are advised to seek the counsel of an attorney to protect their rights.

The ASR XL Acetabular hip implants were manufactured by DePuy Corporation, a subsidiary of the giant Johnson & Johnson. The ASR hip implants were manufactured using a metal-on-metal design which was found to have a high failure rate and injured many patients.

DePuy’s ASR XL implant system was implanted by Washington surgeons for use in total hip replacement surgeries between 2005 and until August, 2010. The hip implants were banned in some European countries and Australia long before DePuy Corporation removed them from the American marketplace and provided a warning to to orthopedic surgeons on August 24, 2010. The recall of the ASR XL hip implant system was reported in the media and the FDA issued warnings regarding its safety.

Washington law requires an injured party claiming damages from a harmful medical device product, such as the ASR XL, to file a lawsuit within three years from the date that the claimant discovered, or in the exercise of due diligence should have discovered, that the medical damages and harm suffered were caused by the device. An aggrieved patient suffering injury from the medical device must properly commence a lawsuit against its manufacturer within this three-year period or risk forever being barred from prosecuting the claim. The exact date that the three-year period begins to run for a given product is uncertain and will be determined based upon the specific facts involved in each case. Potential DePuy implant plaintiffs should be aware that the day before the three-year anniversary of the ASR XL’s recall is next month on August 23, 2013.

The statute of limitations does not run from the date the implant was used at surgery, but begins to run when the patient has sufficient knowledge that they have a defective implant and that it is probably causing them harm. The applicable statute requires the patient to use due diligence and to reasonably investigate the facts of their situation. Once a plaintiff knows that they have suffered harm from the product, they must file a lawsuit within three years.

During the five years that the ASR XL was in use, surgeons implanted approximately 93,000 implants in patients undergoing total hip replacement surgery. Approximately 1/3 of these implants were used in the United States.

There are currently more than 10,750 lawsuits pending against DePuy alleging that the implants were defective medical products and therefore subject to products liability claims by the receiving patients. The vast majority of the lawsuits are in federal court and centralized for pretrial matters in a multi-district litigation court in the Northern District of Ohio. A fewer number of cases have been filed in the state courts of California, Illinois, and New Jersey.

The first lawsuit tried against DePuy took place in Los Angeles, California in March of this year. The jury returned an $8.3 million verdict for the 64-year-old plaintiff who suffered tissue damage and kidney failure caused by the metal ions that had leached from the implant. In the second trial, which occurred in an Illinois state court in Chicago the following month, the jury sided with DePuy, finding that the plaintiff did not sufficiently prove that his medical injuries were caused by the defective implant instead of a pre-existing autoimmune disorder.

Trials are scheduled to start against DePuy in federal court this fall. Those involved in the litigation anticipate that after these cases are completed, DePuy and its parent corporation, Johnson & Johnson, will begin a process of systematically settling the filed cases.

The settlement amounts will be paid from a $3 billion reserve fund set aside by Johnson & Johnson and earmarked for this purpose. Because the implant lawsuits are not part of a class action, each individual settlement amount will be based upon the facts and merits of each separate claim.

Because both DePuy and Johnson & Johnson admit that approximately 50% of all of the ASR XL implants will fail within the first five years of their use, and other medical studies now project a failure rate of almost 90%, it is important for persons who have this implant to take steps now to protect their legal rights by commencing a lawsuit if they are having difficulties with the implant.
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Seattle DePuy Hip Replacement LawyerA Los Angeles Jury has awarded $8.3M in damages to a man for injuries he suffered because of his defective hip implant. In awarding damages, the jury found that Johnson & Johnson was negligent in manufacturing and design of the DePuy ASR XL Acetabular and Hip Resurfacing Systems.

Loren Kransky, a retired prison guard, filed suit against Johnson & Johnson’s orthopedic arm, DePuy, claiming that he suffered metal poisoning due and other complications to the defective design of the metal-on-metal hip implant he was fitted with.

Approximately 10,000 lawsuits have been filed across the country against the DePuy claiming that the company did not thoroughly test the ASR XL Acetabular and Hip Resurfacing Systems and then failed to pull the device from the market even though reports of a higher than normal failure rate were reported. According to trial testimony, one Australian study showed that the ASR had a 44% failure rate within seven years.

Kransky’s lawsuit was the first lawsuit to go to trial.

The jury awarded Kransky $338,136 for medical costs and $8 million for pain and suffering. In finding for the plaintiff, the LA jury did not award punitive damages.

The jurors in Kransky’s case deliberated for six days. Several of the jurors were in favor of punitive damages according to the Los Angeles Times.

The DePuy metal-on-metal hip implant design was supposed to be a revolution for patients, promising that the implant would allow patients to be more active while lasting longer. The device was approved under the Food and Drug Administration 510 rule which allowed the device to come to the marketplace without undergoing clinical trials.

Patients and doctors had lodged more than 400 complaints about the device by 2008 but the company continued to sell the product in the U.S. until 2010 even though it was banned in the UK, Australia and Sweden.
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seattle depuy hip recall lawyerThe first case involving the recalled DePuy ASR XL Acetabular and Hip Resurfacing Systems hip implant is now in the hands of the Los Angeles jury deliberating the case or a 65-year-old prison guard who says he was injured because of the defective design of the hip implants.

The Los Angeles case is the first of 10,000 hip implant lawsuits against the DePuy division of Johnson & Johnson to go to trial.

In 2010, approximately 93,000 of the DePuy hip implant devices were recalled after they had a higher than expected failure rate.

In closing arguments, the plaintiff’s attorney said that DePuy ignored data that the hip implants were failing and the complaints of surgeons.

The plaintiff in the case, Loren Kransky, is a former Montana prison guard who says he suffered from metallosis – metal poisoning – and other symptoms after he was implanted with the defective device.

Kransky’s attorneys are seeking $179 million in punitive damages and $5 million for pain and suffering.

Metalossis

The metal-on-metal design of the hip implant may cause shedding or cobalt and chromium ions. Some studies suggest that cobalt and chromium in the blood may lead to cancer and also contribute to heart disease. Both cobalt and chromium were used in the design of the DePuy hip implants.

One study published in The Journal of Bone and Joint Surgery found that two patients suffered cardiac and neurological symptoms because metallosis. Patients were advised to have their blood tested for the presence of the metals.

If you or a loved one has been implanted with a metal-on-metal hip implant, you should talk to your doctor if you have symptoms or concerns about your hip implant. If you require a revision surgery or have complications due to the hip implant, you may wish to consult with an attorney who is knowledgeable about the DePuy hip implant recall.

Herbert Farber, founder of The Farber Law Group, has made it his mission to keep abreast in developments in the DePuy hip implant cases. As a hip implant patient himself, he is cognisant of the pain and suffering caused by a faulty hip implant.
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The U.S. Food and Drug Administration (FDA) has issued a Class I recall for Depuy Orthopaedics, Inc. LPS Diasphyseal Sleeve, a device used in reconstructive knee surgeries. Depuy is the orthopedics product division of Johnson & Johnson.

Class I recalls are the most serious type of recall and it issued for defective or dangerous consumer products which could cause serious health effects or even death.

The FDA issued the recall after it received reports the device failing in 10 patients. In six of the reported cases, patients suffered a fracture and in four of the patients, there was loosening of the device.

According to the FDA, the connection between the Diaphyseal Sleeve to Diaphyseal Base taper may not be strong enough to bear loads when people are walking. In some cases, the sleeve may fracture which can cause the patient not able to use their limb. Other complications can include infection, damage to the soft tissue and even death.

The FDA recalled the devices which were manufactured from 2008 thru July 20, 2012. For information on the list of product codes and lot numbers in the recall, see the Recall Notice.

What does a Recall Mean?

DePuy issued the Urgent Medical Device Recall on January 4, 2013 which alerted hospitals and surgeons that the product should stop being used immediately. Any products currently in stock are to be returned to the manufacturer.

DePuy does not recommend revision (device replacement) surgery but they are urging surgeons to follow up with patients and discuss the risks involved with the device and what to do in case the patient starts experiencing symptoms of device failure.
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A Los Angeles jury is hearing the case of Loren Kransky v. Johnson & Johnson, the manufacturer of the of the ASR XL hip implant device.

seattle depuy hip recall lawyer10,000 lawsuits have been filed against the J&J, claiming that the company was aware that the metal-on-metal hip implant devices was defective and that the company was negligent in not fully testing the device before marketing. Attorneys also claim that J&J was sluggish in pulling the devices from the U.S. market; DePuy continued to sell the hips in the American market for more than a year after they were banned from England, France and Australia. In those countries, because of national joint replacement databases, early data showed that the devices were failing at a rate of 12.5% within five years.

Kransky is a retired business guard who received his ASR XL hip implant in 2007 and he had to have the device removed and replaced in 2012. Kransky’s blood was tested in October of 2011 and it was found that he had seven times the normal level of the metal cobalt in his body.
Kransky’s attorney said, in his opening statement, “This hip, this medical implant, incorporated dangers to an extent beyond what any reasonable doctor would have anticipated or expected.”
It is believed that the metal-on-metal design of the hip can cause shedding of cobalt and chromium ions which can cause a condition called metallosis. Metallosis can be serious and has been linked to cancer, premature tissue death, inflammation and osteolysis or bone resorption.

Those implanted with the DePuy device are closely watching the outcome of Kransky’s case. J&J had offered a $200,000 case settlement to each of people who filed a lawsuit, according to some case watcher.

Trial Witnesses

The first witness at Kransky’s trial was Magness Flet, a leader of a designed and troubleshooter for Johnson & Johnson who testified that DePuy identified early on problems with the ASR hip but rejected plans to redesign it even though the redesign would have potentially lowered the amount of cobalt and chromium shed by the device.

A second witness, Professor Dennis Bobyn, who is a specialist in Biomedical Engineering at McGill University, testified that the DePuy hip implant “has multiple design defects” which caused it’s high failure rate.
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The Farber Law Firm, a medical implant injury attorney, announces an offer of a free lawsuit case review for hip implant patients who had a Depuy hip replacement implant that has been recalled by the U.S. Food and Drug Administration.

Seattle DePuy Hip Replacement LawyerIf you or a loved one has suffered health complications as a result of a DePuy hip implant, attorney Herbert Farber can answer any legal questions that you might have.

Herbert Farber, in conjunction with a leading New York law firm, represents people throughout Washington state and the Pacific Northwest, including Alaska, with their defective hip implant lawsuits.

The law firm is happy to answer questions of people who are asymptomatic at this time but are concerned about the impact of the metal-on-metal implant on their health in the future.

The DePuy ASR hip replacements were recalled in August of 2010 after patients suffered higher than average rates of complications including:

  • Metalosis or cobalt chromium poisoning
  • Fractures
  • Pain
  • Hip dislocation
  • Pseudo-tumors
  • Inflammation
  • Osteolysis
  • Cancer
  • Tissue death or necrosis

Herbert Farber understands the pain and suffering that victims experience. Mr. Farber had two successful hip replacements and he understands the anguish that patients go through leading up to a hip replacement only to have it fail and cause health complications.
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