Category: DePuy

Johnson & Johnson Earmarks Nearly 1 Billion Dollars – For What?

As New Jersey and Philadelphia DePuy hip recall attorneys, we have been providing updated posts regarding the DePuy hip recall litigation, the nature of the hip defects which led to the litigation, and some helpful tips for any patients who may have a recall claim. These posts are designed to help any potential claimant understand the recall litigation and claims process.

DePuy and Johnson & Preparing for Something, But What?

new jersey philadelphia depuy hip recall attorneys johnson moneyRecent news demonstrates that not only are DePuy recall lawyers and patients planning for the litigation, but Johnson & Johnson and DePuy have also recognized the potential problem and have taken financial steps to prepare themselves. According to Johnson & Johnson’s fourth quarter earnings report released this past month, the company is taking a $922 million charge related to its potential exposure for the DePuy hip recall. While $922 million may sound like a large sum of money, it may be inadequate to cover the sum of 93,000 potential claimants that will require compensation from Johnson & Johnson.

DePuy hip recall patients should not worry about Johnson & Johnson’s overall financial health. According to the same fourth quarter earnings statement, Johnson & Johnson posted a net income of $1.9 billion in its orthopaedic unit and $5.71 billion in its pharmaceutical unit.

Neither Johnson & Johnson nor DePuy issued any official statement regarding the funds set aside, or their plans for the DePuy recall litigation. Therefore, it is unknown whether the $922 million has been set aside for payment of legitimate DePuy hip recall claims, or if it has been set aside so that Johnson & Johnson and DePuy can mount a high price defense in order to minimize exposure.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As New Jersey and Philadelphia DePuy hip recall lawyers, we will be watching closely and posting any additional information about the DePuy hip recall. If you or a loved one are recipients of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Recall Law Suit Judge Enters First Case Management Order

new jersey philadelphia depuy hip recall lawyers Judge KatzAs a DePuy hip recall attorney, we had been providing posts that update the status of the pending Federal court DePuy recall lawsuits.

As we previously posted, the federal litigation has been designated a “Multi-District Litigation,” or MDL 2197, and has been venued in the United States District Court for the Northern District of Ohio under Judge David Katz. This consolidation only applies to DePuy claims that were filed in federal court and not to the DePuy hip claims that were filed in State Courts. Judge Katz has ordered the consolidation of these federal claims because, quote:

“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.”

As his first Order of business, Judge Katz entered DePuy case management Order No. 1, and made it clear that this MDL was created to consolidate the DePuy hip recall litigation,

“. . . for pretrial purposes only. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which that party has not been named, served, or added in accordance with the Federal Rules of Civil Procedure.”

Also, in case management Order No. 1, Judge Katz further ordered DePuy and Johnson & Johnson, as well as the DePuy recall victims to “take reasonable steps to preserve documents and other records, including electronic documents, containing information potentially relevant to the subject matter of this litigation.”

Below is a copy of the actual order entered by Judge David Katz:

Therefore, it appears that Judge Katz is taking the initial steps to ensure a proper and orderly pretrial process for the DePuy hip recall lawsuits. In addition, it is clear that Judge Katz is ensuring that DePuy and Johnson & Johnson preserve any and all evidence which may shed light on the nature of the product defects and DePuy’s failure to warn patients who are now involved in pending claims against DePuy. As the case proceeds, Judge Katz is expected to enter further DePuy hip lawsuit management orders over the next couple of months and, as DePuy Hip Recall attorneys, we will continue to provide any potential claimants with updated information as it is made available to us.

DePuy Hip Recall Attorneys in New Jersey and Philadelphia

If you are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the Mininno Law Office work to earn you the full and fair compensation that you need and deserve.

DePuy Hip Recall Due to FDA Loophole?

As DePuy hip recall attorneys, we have heard many disturbing reports which place the blame for the DePuy hip recall squarely at the doorstep of the United States .

FDA “Approves” Implants by Default

Although most hip implant patients assumed that their hip replacement manufacturer (e.g., DePuy, Zimmer, Johnson & Johnson, Stryker, etc.) received approval from the FDA for their device, this assumption is not entirely accurate. new jersey philadelphia medical malpractice lawyers careless FDA approvalFor years, the FDA has permitted a regulatory loophole under FDA 510(k) which permits the release of new medical devices like the DePuy hip implant, Zimmer NexGen knee implant, and other medical devices, to be placed onto the market without first receiving a comprehensive review by the FDA. How? Because this loophole permits implant manufacturers, like DePuy, to obtain FDA approval if a medical device manufacturer shows that its device is “substantially equivalent” in safety and effectiveness to another FDA approved device.

Ironically, although DePuy claimed its ASR XL Acetabular or Resurfacing implants were “substantially equivalent” to other hip implants, DePuy was not required to make its product out of the same metals as already existing marketed hip implants. As such, reports have shown that the FDA never considered the effects of the chromium and cobalt metals used in DePuy’s hip implants. As a result, consumer advocates have argued that the FDA allowed DePuy to use – without any FDA testing- potentially hazardous metals in a medical device without proper oversight.

DePuy Hip Recall Attorneys in New Jersey and Philadelphia

The DePuy hip recall shows the potential danger in this process. What is the lesson? All potential hip implant patients should specifically ask whether their hip implant device has received formal FDA approval or was approved through the FDA 510(k) loophole. As a New Jersey and Philadelphia DePuy hip recall lawyer, we strongly encourage and current recipients of a DePuy hip replacement to contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the team at the Mininno Law Office earn you the compensation you need and deserve.

DePuy Hip Recall Attorneys Discuss Brief History of Hip Implants

As DePuy hip recall attorneys in New Jersey and Philadelphia, we have been posting topical information for potential DePuy hip recall patients interested in the “goings on” of how some 93,000 DePuy hip implants have been recalled. Today’s DePuy hip recall post discusses the history of not just DePuy hip implants, but hip implants in general. We’ll briefly trace the evolution of joint replacement surgery up and through the present day where we have many many different manufacturers (i.e, DePuy, Zimmer, Stryker, etc.) making artificial joint replacement parts for nearly every joint in the body.

Joint Replacements From 1960 to Present

Research shows that the first hip replacement surgery was performed in 1960. Back then, hip replacement surgery was considered somewhat controversial as many patients and doctors believed that a body’s own bones and joints could not be improved by using artificial implants. However, improvements in surgical techniques and advances in the medical technologies have dramatically improved over the last 50 years. Now, nearly all orthopaedic surgeons and patients acknowledge that total hip replacement surgery is a safe, effective, and common method to help patients with hip, knee, and other debilitating joint problems.

new jersey philadelphia depuy hip recall lawyers discuss brief history implantsIn fact, some hip replacement surgeons have argued that hip implant and joint replacement surgery is one of the most important surgical advances over the last century. Because of its popularity, and potential profitability, hip manufacturers such as DePuy, Johnson & Johnson, Zimmer, and others have been competing to capture this potentially lucrative market. Unfortunately, as has been suggested with DePuy, sometimes manufacturers are in such a rush to roll out a “new and improved” implant device, they fail to properly test whether the hip, knee, or other joint implant is better than those that already existed on the market.

In addition, manufacturers such as DePuy have the economic incentive to prematurely push a product on the market to prevent its competitors from either putting an identical product on the market, or putting a product they claim to be better. Here, there are some studies that suggest DePuy’s chromium on cobalt design was not fully studied and perhaps rushed to market. As a result, the failure rate for the DePuy hip implants is much greater than its competitors. Now, DePuy has to recall nearly 93,000 defective hip implants that were placed in patients. These DePuy hip recall patients will likely require revision surgery and blood monitoring to determine whether or not the chromium and cobalt metals are being leeched into their bloodstream.

DePuy Hip Recall Attorneys in New Jersey and Philadelphia

Although 50 years of medical advances have gone into making hip replacement surgery a benefit to patients, we continue to urge these manufacturers to put safety over profitability when introducing the “new and improved” implant devices.

If you are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our team is a ready and willing to work as hard as needed to earn you the compensation you need and deserve.

Was a DePuy Sales Rep Watching You Sleep?

If you have been following our series of DePuy hip recall posts, we hope they have been informative, interesting, and educational. Our previous DePuy hip recall posts have provided information about the actual implant that has been recalled, about signs and symptoms that patients can expect if their implant is fails; and about the bad faith settlement practices of Johnson & Johnson and DePuy claims adjusters. However, this particular post is unique because today we discuss a topic that most DePuy hip recall patients have never considered. Was a DePuy sales representative watching you while you had your implant surgery performed?

Sales Reps Guiding Surgeons Through Procedures

new jersey philadelphia depuy hip recall lawyers shocking sales repRecently, the prestigious Washington Post reported on a fairly widespread yet rarely discussed practice of medical device sales representatives to lurk in operating rooms, without patient knowledge or approval, and guide surgeons in the surgical procedure. According to the Washington Post, this practice of sales rep “assistance” is common among medical device companies including Johnson & Johnson, Stryker, Zimmer, and DePuy.

Unfortunately for most DePuy hip replacement patients, there really is no way to learn whether or not one of DePuy’s sales reps was actually in the operating room. Why? Because most current hospital policies do not require a sales rep to be identified in the patient’s medical chart. They also don’t require consent from the patient, and have not prohibited photography. There have been reports that sales reps have taken pictures of their company’s implant as its being implanted into the patient! These photographs are taken without first advising the patient that a sales representative will even be present.

Imagine that! A DePuy sales representative is allowed to walk into a sterile operating room and observe a patient having surgery, and the patient would never be the wiser.

Frankly, this widespread practice is kind of creepy. As New Jersey and Philadelphia DePuy hip recall lawyers, we urge that legislation be drafted which specifically requires that any medical sales representative obtain permission from a patient before they attend their surgery. If a surgeon is not comfortable performing a hip implant surgery without having a sales representative present, perhaps that surgeon should not perform the surgery in the first place.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you are the recipient of a DePuy hip replacement and are experiencing increasing pain and reduced functionality, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy owes you compensation for pain, suffering, and monies paid for any additional treatments associated with the correction of your hip replacement. Make sure you get the help of an attorney in earning this compensation.

How Do I Know If My Hip Implant is a DePuy Hip Implant?

As New Jersey and Pennsylvania DePuy hip recall lawyers, we have been asked by patients, “How do I know if my surgeon used a DePuy hip implant? After all, there are literally dozens and dozens of different hip implant manufacturers, yet only a certain few of these hip implants have been recalled. Obviously, one way is to contact your doctor directly. However, many DePuy hip recall patients have had difficulty reaching doctors either because the doctors have retired, moved away, or do not have access to the operative records of the DePuy hip recall patient. Although contacting your hip replacement doctor is a good start, the only true way that a DePuy hip implant patient can know for sure is to look at the records from the hospital where the surgery took place.

Doctors and Hospitals Are Required to Put an Implant Record in a Patient’s Chart.

All hospitals and surgical centers where hip, knee, and other joint replacement takes place are required to have a method and system to track hip implants and other implants. For example, the nationally recognized Joint Commission on Accreditation of Healthcare Organizations (JCAHO) requires that any JCAHO-accredited organization have a dedicated system to record the manufacturer’s name and type of implant used.

new jersey philadelphia depuy hip recall lawyers help identify hip implantUnder this system, all DePuy hip recall patient should have a specific medical record in their chart which will show which DePuy hip implant products where used. Specifically, for DePuy hip recall patients, there should be a label taken directly from the package that was opened up in the operating room and affixed in the chart. This DePuy label should identify the DePuy hip replacement system (e.g. ASL XR, Pinnacle, etc), the model number, and serial number for the DePuy hip implant.

Any potential DePuy hip recall patient, should immediately call the medical records department of the hospital or surgical center where the hip implant surgery took place, and specifically ask for a copy of the record which contains the product label used in their surgery. This is the best and only way to know for sure if your surgeon utilized the recalled him implant manufactured by DePuy.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. The defective product attorneys at the Mininno Law Office are skilled at earning full and fair compensation for victims of corporate negligence.

DePuy Hip Recall: What About the FDA?

As New Jersey and Pennsylvania Depuy hip recall attorneys, we have been posting various bits of information regarding the Depuy hip recall and its effect on recipients of the implant. We hope these posts have been helpful to not only patients who have experienced implant failure, but to all Depuy hip recall patients, regardless of whether or not they have experienced pain or symptoms associated with the DePuy hip implant failure.

Did the FDA Have Anything to Do With the Recall?

Recently a Depuy hip implant patient asked us, “What does the federal government have to say about the Depuy hip implant recall?” As many know, medical devices, such as artificial hips, prosthesis, knee joint replacements, and other implants, are supposed to be regulated by the Food and Drug administration (FDA). According to its website, the FDA is charged with responsibility for:

“protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation.”

new jersey philadelphia depuy hip recall attorneys examine fda approach Despite this responsibility, the FDA has not done much regarding the recall since July 17, 2010, the date they posted information on specific recalled devices. The recall contained DePuy technical data that listed all of the various sized component parts of the DePuy ASR hip replacement system. As for the reason for the recall, the FDA quoted Depuy, stating that the recall was caused by “notification to clinicians of new revision rate data/information regarding use of the device.” What does that mean? It means that DePuy and the FDA were receiving complaints that the hip implant was failing at an alarming rate, causing the necessity for revision surgeries to rise to a new and unacceptable level. These complaints started coming in shortly after DePuy was granted approval to market their device in the United States in 2003.

DePuy Hip Recall Attorneys in New Jersey and Philadelphia

Unfortunately, the FDA has not provided any additional information to patients about what to do next. In fact, the FDA website refers all inquiries back to Depuy’s home office in Indiana. As New Jersey Depuy hip recall attorneys, we urge the FDA to be more diligent in its reporting of consumer complaints regarding medical devices. The device was approved for use in 2003, and was on the market for 7 years before it was finally recalled. Had the complaints been investigated sooner, perhaps surgeons and potential Depuy hip implant patients would have thought twice about using this defective hip replacement product.

If you are the recipient of a DePuy ASR XL Acetabular hip implant system, or an ASR XL Hip Resurfacing System, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Our defective product attorneys are skilled in earning full and fair compensation for victims of negligent and defective manufacturing.

DePuy Hip Recall Lawyers Discuss MDL Chief – Judge Katz

As New Jersey and Pennsylvania DePuy hip recall lawyers, we posted many times regarding the ongoing multi-district litigation pending in federal court in Ohio. As you know from previous posts, this multi-district litigation (“MDL”) has consolidated all the DePuy hip recall lawsuits which were filed in federal courts. In this post, we are going to give some background about Judge David Katz, the federal judge who now is presiding over these federal cases.

Judge Katz Highly Experienced with MDL

new jersey philadelphia depuy hip recall lawyers discuss MDL chief judge katzJudge Katz will be a welcome addition to the multi-district litigation of DePuy hip recalls. This is not the first time that he has handled a complex MDL. In the past, Judge Katz presided over litigation involving the contraceptive Ortho Evra. In that matter, the Judge received favorable approval ratings from both the defendants and the plaintiffs who brought the claim. In addition, Judge Katz’ background makes him an ideal candidate for DePuy hip recall litigation.

According to his bio, Judge Katz, an Ohio native, graduated from the Buckeye School of Ohio State University with a Bachelor’s Degree and also received his JED Degree in 1957. After law school, Judge Katz worked mostly in private practice in the city of Toledo, before being appointed to the bench by Judge Clinton in 1994. All DePuy hip recall litigants should welcome Judge Katz as the presiding judge for this litigation. By all counts, he is fair-minded and will give all recall victims an opportunity to seek justice in federal court.

As New Jersey and Philadelphia DePuy hip recall lawyers, we will continue to provide updates on the MDL and any state court DePuy hip recall litigation.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you or a loved one are the recipients of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the DePuy hip recall lawyers at the Mininno Law Office work to earn you the full and fair compensation you need and deserve.

DePuy Hip Recall Claims First Aussie Victim

As New Jersey and Philadelphia DePuy hip recall attorneys, we have been providing DePuy hip recall patients with information regarding the worldwide recall of their ASR XL hip replacement system. As you know from recent posts, this litigation has been consolidated in Ohio under Judge Katz. Recently, it was announced that an Australian citizen has joined this class action here in the US.

First Australian DePuy Victim Joins Fight

new jersey philadelphia depuy hip recall lawyers aussie victim bob lugton Bob Lugton, of Brisbane, Australia, was declared the first “Aussie” to join the DePuy hip recall lawsuit. Mr. Lugton filed suit when his DePuy hip implant failed only 18 months after having been implanted. As stated in previous posts, DePuy and Johnson & Johnson claimed that their hip implant would last as long as 20 years, so Mr. Lugton was a very unhappy man after his brand new hip failed so quickly. Like most DePuy hip recall patients, Mr. Lugton was also found to have cobalt and other metals leaking into his body from the wear and tear of his hardware. When asked why he joined the DePuy hip recall lawsuit, Mr. Lugton reportedly stated, “This is not for financial reasons”, but to let other people know of the devastating effects of toxic cobalt and chromium levels on his health and welfare.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As New Jersey and Philadelphia DePuy hip recall lawyers, we welcome Mr. Lugton to this legal battle over DePuy’s failed hip implant. Unfortunately, there are over 93,000 other “Mr. Lugtons” worldwide who are part of this hip recall and who are also entitled to compensation for DePuy’s defective hip implant.

If you or a loved one are one of the 93,000 patients who received defective implants, please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the DePuy hip recall attorneys at the Mininno Law Office earn you the compensation you need a deserve.

DePuy Recall Attorney Response to Latest Comment From Reader

As New Jersey and Philadelphia DePuy hip recall attorneys, we recently posted a blog that defended orthopaedic surgeons who had utilized the DePuy hip implant on their patients. Although this post did not totally exonerate orthopaedic surgeons from the DePuy hip recall mess, it did urge patients to give their surgeons the benefit of the doubt. This post drew a very pointed comment by Mr. Juergen Schaberick, who stated-

“As a victim of the DePuy Pinnacle metal-on-metal [hip implant] I like to ask if you would still trust your surgeon when his name pops up on the official DePuy website when searching for a surgeon in your area.”

Not ALL Surgeons Accepted Kick Backs

new jersey philadelphia depuy hip recall lawyers defend orthopaedic surgeonsWe thank Mr. Schaberick for his comment on DePuy and Johnson & Johnson, and we do not completely disagree. However, our own research has shown that not all doctors who show up on the DePuy website have accepted honorarium or other monetary benefits to select the DePuy hip implant for their patients. However, as was pointed out by Mr. Schaberick, many of the orthopaedic surgeons did in fact receive significant monies and benefits from DePuy and Johnson & Johnson in return for selecting the ASR XL Acetabular complete or resurfacing implant systems. Mr. Schaberick is also correct that DePuy and Johnson & Johnson paid millions of dollars over the last several years because of violations of federal anti-kick-back laws.

Most DePuy hip recall lawyers agree that these facts should give patients a good reason to be careful when choosing an orthopaedic surgeon. These facts should also give patients a strong incentive to seek a second, independent medical examination. Although there are a few orthopaedic surgeons who certainly should never be trusted when it comes to DePuy hip implants, we still believe that the majority of orthopaedic surgeons who prescribed the DePuy hip implant for their patients did so because they were fooled by Johnson & Johnson and DePuy’s slick marketing campaign.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

Regardless of your orthopaedist’s reasons for using any of the DePuy hip implants, if you are a DePuy hip recall patient, you are in a very tough situation and have some tough choices. That’s why all DePuy hip recall lawyers are encouraging patients to contact an attorney to learn of all available options when it comes to seeking compensation. Thank you again Mr. Schaberick for your comments. We look forward to future comments from you.

If you or a loved one have suffered the effects of a defective DePuy hip replacement, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Don’t be fooled by DePuy claims adjusters. Let the lawyers at the Mininno Law Office earn you full and fair compensation.