Tag: depuy hip implant

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.

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 Implant Recall: What Should DePuy Pay For?

As a New Jersey DePuy hip replacement recall attorney, I am often asked why it would be unfair for DePuy to pay only for out of pocket medical costs and wage loss, and not to pay for other compensatory damages such as pain, suffering and loss of enjoyment. Many believe that the Johnson & Johnson subsidiary did not intentionally design, manufacture, market, and sell a defective hip implant. The argument goes that since the company did not act intentionally, it should not have to pay full compensatory damages. This argument is one that is made in all types of case, not just defective product cases involving medical devices. As a trial lawyer, I hear this argument every day in the courtroom. It’s also something that has been debated by civilization for nearly thousands of years; what should be done when people with excessive money, power, and influence, break the rules of society and end up hurting other people? What should our civil justice system do to make sure that corporations pay for the harm the cause?

DePuy Hip Implant Recall; Who Pays?

In the first legal code, the Code of Hammurabi, the authors were very much concerned about restitution for breaking the rules and hurting someone. That code is similar to the Old Testament code, an eye for an eye, a tooth for a tooth. In fact, some civilizations today still use that code for their civil justice system. depuy hip implant recall attorneys New Jersey PhiladelphiaJust last year, an Iranian court sentenced someone to the surgical removal of their eye after their actions caused the loss of another man’s eye. That “eye for an eye” justice system is still very much a part of “civil justice” in some parts of the world.

Here, in the United States, we would never consider that justice. But what are injured parties allowed to ask for here in the United States? What we’re allowed to ask for is that a jury require a corporation like DePuy to pay a fair price on all of the harm that was caused by manufacturing, marketing and selling a defective hip implant. In some instances, it’s easy to figure out what that fair price should be. Wage loss and medical bills, things that DePuy has already “generously” offered, are things that any court or jury would find them liable for. However, what about the other things – intangibles such as pain, suffering and other compensatory damages. Our system of civil justice requires that corporations like DePuy pay for these intangible damages.

DePuy Hip Implant Recall – Intangible Damages

If a DePuy hip implant causes someone to have to undergo years of physical pain in the hip joint, then our law requires that DePuy pay damages to make up for those years of physical pain. After all, it is the company’s defective hip implant that caused that pain, just like it caused medical bills and wage losses. In addition, if one of DePuy’s hip implant patients must undergo another surgery to remove a defective hip implant and reimplant a nondefective hip implant, DePuy must pay for the pain, suffering, and the time lost in preparation of and recovery from that surgery. Again, this is because our civil justice system requires corporations to pay for the full amount of the harm they cause, not just part of the harm they cause. Ironically, in its recall notice and claims forms, the Johnson & Johnson sunsidiary does not accept full responsibility for its own defective hip implant. They are looking to pay for only part of the harm they caused, not the full extent of the harm caused. That’s why it is important for anyone with a recalled hip implant to contact an attorney to seek full damages for all harm caused.

DePuy Hip Implant Recall Attorneys in New Jersey and Philadelphia

If you or a loved one received a defective implant and are now unsure of what to do, contact the Mininno Law Office for a free case evaluation. Our DePuy hip implant recall lawyers want to earn you fair compensation for damages caused by the defective design of DePuy’s ASR XL Acetabular Hip Implant System. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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

DePuy Hip Implant Recall – Johnson & Johnson Knew of Complications

As a New Jersey DePuy Hip Implant recall lawyer, I have been providing potential recall claimants with information about the DePuy hip implant recall. As we have written, in August in 2010, DePuy Orthopaedics, a subsidiary of giant pharmaceutical company Johnson & Johnson, recalled two of its orthopaedic products; the ASR Hip Resurfacing System and the ASR XL Acetabular System.

DePuy ASR Hip Resurafacing System

The ASR Hip Resurfacing System was first introduced worldwide in 2003 and was only approved for use outside of the United States. The ASR hip resurfacing system was a partial hip replacement that involved placing a metal chromium or cobalt cap on the ball of the patient’s existing femur. depuy hip implant recall attorneys in nj and pa Since it was a partial replacement of just the cap, DePuy marketed it as a less invasise hip replacement. The problem with the ASR Hip Resurfacing System system, according to DePuy’s website, is that the independent national joint registry of England and Wales showed a five year failure and revision rate of approximately twelve percent – that’s 1 out of every 8 patients.

DePuy ASR XL Acetabular System

Similarly, the same publication showed a five-year revision rate of 13%for the ASR XL Acetabular System which was widely available here in the United States. The ASR XL Acetabular System was the more traditional total hip socket replacement. depuy hip implant recall attorneys in nj and pa

DePuy Hip Implant Patients Suffer Complications

According to DePuy, there are approximately 93,000 patients who have received one of the recalled hip ASR hip implant systems. Given the shockingly large number of patients who have potentially defective hip implants, there have been patients who have already experienced medical problems. As a result, there already have been several lawsuits filed by patients who have had pain, swelling, and damage to surrounding structures and tissues. These lawsuits claim that DePuy’s billion dollar parent company, Johnson & Johnson, knew for years that many of the 93,000 patients with these defective implants required corrective surgery more frequently than the traditional implants. More lawsuits are pending as additional information becomes known about what executives at DePuy Orthopaedics and Johnson & Johnson knew about this product defect. Ironically, these very same DePuy Orthopaedic ASR hip system continue to be listed on the Johnson & Johnson website, listing their subsidiary as a maker of “innovative implants and technologies for the treatment of joint and spine conditions can get you back to an active, pain-free daily routine.”

Similarly, Johnson and Johnson’s website further states that promotes DePuy and states “your doctor can use a product from DePuy to help build an ankle, elbow, hand/finger, hip, knee or wrist as well as arthroscopy products for shoulders, and put you on the road to recovery everyday.” Finally, the Johnson & Johnson website lists recalled hip implant under “sports medicine and trauma” wherein it states “enjoy an active life again with products for the surgical treatment of knees, as well as soft tissue and shoulder repair.”

DePuy Hip Implant Recall Attorneys in NJ and PA

As a New Jersey and Philadelphia DePuy hip recall lawyer, we have fielded many questions about these potentially defective devices. Although some 93,000 patients now have a potentially defective hip implant that has been the subject of a recall and litigation, Johnson & Johnson continues to promote their subsidiary as a trusted hip implant maker for patients. It is no wonder that patients who have trusted and relied upon Johnson & Johnson to manufacture a safe and longstanding hip implant are seeking recourse in the courts. 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 Hip Implants Cause Osteolysis

depuy hip implant recall new jersey philadelphia attorneys osteolysisIn the United States, hip replacement surgery is one of the most common orthopaedic surgeries that occurs each year. In fact, since 1997, there have been approximately 300,000 hip replacement surgeries performed in the United States. Without question, the development of prosthetic hip joint replacements, and the development of cement or “glue” to securely place these implant parts into the human skeleton, has been one of the most major advancements in orthopaedic surgery during the last several decades.

Notwithstanding the numbers, as was detailed on our articles about hip implants, hip replacement surgery is not a cure for hip pain and should only be considered after all other medical treatments have failed. The failure of any manufacturer’s hip implant is something that is inevitable and something all potential hip implant patients should consider.

Why are Hip Implant Failures Almost Always Inevitable?

One of the major reasons for hip implant failure is because of the loosening of the bond (i.e., the cement or glue) which holds hip implant prosthetics to the bone. The loosening of this bond between the hip implant parts and the bone causes an increase in pain and reduces the range of motion for the patient.
In addition, because of the “imperfect fit,” natural friction is increased, as is the wearing down of areas in and around the hip implant. While this wear occurs in all hip implants, DePuy ASR hip implants have been recalled because medical research has shown that the recalled DePuy hip implant has an increased wear rate caused by the friction between the chromium and cobalt metals used in the ASR implant system. The combination of the loosening of the bond between the implant parts and the increased friction wear in the DePuy hip implant patient has been theorized to be the main cause of it’s premature wear and tear.

Finally, the byproduct of the chromium and cobalt friction in the replacment has been shown to result in a greater immune response to the release of these metal particles in the blood system. The immune system response not only attacks the foreign metallic matter in the blood stream, but also attacks the surrounding hip and femur bone, as well as other connective structures. This attack further damages the bond between the DePuy hip implants and the bone. This process, called osteolysis, is one of the most common causes of the accelerated failure of any DePuy hip implant.

NJ and PA DePuy Hip Implant Recall Attorneys

A DePuy hip implant recall lawyer in NJ o PA can answer your questions regarding a DePuy hip implant. If you think you may be the recipent of a recalled product, 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 deserve.

After DePuy Recall, Patients Ask: “Did I really need that implant?”

Now that some 96,000 patients could potentially have a defective DePuy ASR hip implant, many patients are asking the question “Did I really need to have hip replacement surgery to begin with?” Many patients who elected to have the DePuy hip replacement surgery did so because they had hip pain and believed that this device would “cure” their pain. But, a hip implant is a treatment for the pain, not a cure.

Why isn’t a Hip Implant a Cure for Hip Joint Pain?

depuy hip implant asr recall attorneys new jersey philadelphia defective replacementThe hip is a joint between the top of the leg bone (“femur“) and the pelvis bone (“acetabulum“). Hip pain is caused when there is damage to this joint. The main function of the hip joint is to support the weight of a body while standing, walking, or running. Damage can occur for a variety of reasons and cause pain, but, there is no “cure” for hip pain.

Hip replacement surgery was devised as one of the many treatment options which could help alleviate some of the pain by replacing, with a hip implant, what were believed to be the painful parts of the hip joint. In theory, a DePuy hip implant, or similar type implant, should provide a metal ball at the top of the femur and a new metal socket in the pelvis which would permit movement like the original hip joint.
The problem for DePuy hip implant manufacturers was attempting to reduce the friction between these hip implant parts which would, in theory, reduce the pain to a patient.

However, in trying to find this cure, doctors and patients may have minimized or downplayed the basic fact that hip implant surgery, in and of itself, is not a permanent cure, and causes significant post-operative pain to a patient.
In addition, because hip implants are not designed to last a lifetime, a patient must endure eventual pain when the hip implant begins to wear down and needs to be replaced.

Where did the DePuy Hip Implant Go Wrong?

The recalled DePuy hip implant was marketed as a new and revolutionary hip implant technology involving the metals chromium and cobalt which were supposed to produce near frictionless movement of the hip joint. No wonder many patients were eager to seek this “cure!”
However, recent studies have shown that DePuy’s ASR chromium on cobalt hip implant system actually causes more wear and tear and will not last as long as a traditional hip implants.

DePuy hip replacement patients now must endure additional pain and even additional surgery when, as studies suggest, their DePuy hip implant wears out prematurely and needs to be replaced. The pain and other medical risks associated with a worn out and defective DePuy ASR hip implant, is likely far greater than the pain patients would have faced had they elected not to undergo the DePuy ASR hip implant surgery in the first place.

Sadly, what we now know is that although DePuy Orthopeadics and other hip implant manufacturers marketed this product and surgery as safe, effective and a pseudo “cure,” medical research shows that hip implant surgery is never a cure for hip pain. All patients should consider all medical risks and get at least two independent opinions from orthopaedic surgeons.
If many of the 96,000 DePuy ASR hip implant patients that are subject to the DePuy recall had sought this medical advice and realized that hip replacement surgery is NOT a cure, perhaps some of them would have been spared the additional pain and damages which they now will face because of their recalled replacement.

DePuy Hip Implant Recall Attorneys in NJ and PA

If you have received a DePuy hip implant recall notice and would like more information on your rights and what you may be entitled to, please 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.
The team at the Mininno Law Office is experienced with defective product cases and would hard to earn you the compensation from DePuy that you DESERVE.

Are all DePuy Orthopaedics Hip Implants Defective?

Recently, we have been asked if ALL DePuy hip implants are defective. Currently, there is no real answer because it is simply too soon to interperet the data on these defective DePuy hip implants.

new jersey philadelphia depuy orthopaedics lawyers implants recalledWhat is known is that the recall affects the ASR XL Acetabular System, which is used for total hip replacements, as well as the ASR Hip Resurfacing System, which is used in a newer kind of procedure involving bone conservation.
The ASR Hip Resurfacing System has not yet been approved in the United States, but according to Johnson & Johnson, some patients may have gotten these implants through a clinical trial when the company was seeking FDA approval for the hip implants.

Therefore, one of the first things a patient needs to determine is whether or not they have a total DePuy Orthopaedics hip replacement system, or the DePuy ASR hip resurfacing system. A combined total of about 93,000 of the total hip replacement system devices have been implanted worldwide. Presently, the data shows that only 1 in about 8 of these hip replacements have caused patients symptoms, and have required correction.
However, since the symptoms of a defective hip implant may mimic other symptoms, many patients do not yet know whether or not their implant is defective. Many patients are insisting that they get corrective surgery now, before these defective implants cause signs and symptoms, to prevent future problems such as microscopic metal particles in the bloodstream.

So, while the data does not suggest that all DePuy Orthopaedics Hip Implants are defective, it simply is too soon to come to a final conclusion about the number of patients who will have symptoms related to these defective implants.

NJ and PA DePuy Orthopaedics Defective Hip Implant Attorneys

If you have any concerns regarding a DePuy Orthopaedics implant, you should contact your orthopaedic surgeon or family doctor.
If you want to know what your rights are regarding these recalled hip implants, contact the Mininno Law Office. Our NJ and PA DePuy Hip Implant Recall Lawyers are prepared to answer your questions and earn you any and all compensation that you deserve. You may call the Mininno Law Office for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.