DePuy Hip Implant – Was Yours Recalled?

As a New Jersey and Pennsylvania DePuy Hip Implant Recall lawyer, I receive many telephone calls from hip replacement patients. Many of these folks have done their own independent internet research and have seen numerous websites discussin different hip implants that have been recalled over the years. The most recent hip implant recall involves Johnson & Johnson’s subsidiary DePuy Orthopaedics, Inc. DePuy Orthopaedics is a fully owned subsidiary of Johnson & Johnson that designs, manufactures, and markets orthopaedic and reconstructive hardware for the spine, knee, shoulders, and other joints. Not all of DePuy’s products are being recalled. At this stage, the only DePuy Hip Implant which is subject to the recall in the United States is the ASR XL Acetabular hip system. These hip replacement systems first became available in the summer of 2003 and were in use for approximately seven (7) years.

DePuy Hip Implant – How Will I Know If Mine is a Recalled Implant?

If you have had hip surgery before July 2003, then your hip implant is not part of the DePuy Hip Implant recall. However, if you have had surgery after July 2003 and your surgeon utilized a DePuy ASR XL Acetabular hip system, then your hip is subject to the DePuy hip implant recall. Many patients have already received information from Johnson & Johnson and DePuy regarding these recalled hip implants. However, the information provided by Johnson & Johnson and DePuy Orthopaedics does not provide the full scope of the remedies available to DePuy Hip Implant patients. In fact, as of this blog, neither Johnson & Johnson nor DePuy have made any commitment to paying compensation for pain & suffering, or the common compensatory damages that most defective product manufacturers are required to pay when they make, market, and/or sell a defective product.

DePuy Hip Implant Recall Lawyers in NJ and PA

The only way to know all of your rights is to contact a DePuy Hip Implant recall lawyer in New Jersey or Pennsylvania who can answer your questions free of charge. 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 team earn you the compensation you deserve.

DePuy Hip Implant Removal – Who Pays?

depuy hip implant recall lawyers new jersey philadelphiaMany patients that have had the recalled DePuy ASR hip implant are concerned about the potential health risk posed by the release of medical particles into the blood stream. Even if the DePuy hip implant seems to be in perfect working order, some patients are insisting that their orthopaedic surgeons remove these hip implants before they become sick or experience hip symptoms. However, if a patient is not experiencing medical symptoms, that patient’s health insurance will likely not cover the cost of a DePuy hip implant removal.

I Have a DePuy Hip Implant and I want it Removed Before it Starts Causing Harm – What Can I Do?

Well, you could ask DePuy to pay for the removal of the implant. In fact, under the terms of the recall, DePuy has offered to pay for surgery to remove their hip implants. DePuy is urging patients to contact them directly without a lawyer. However, as a DePuy hip implant lawyer in New Jersey, we strongly advise against patients trying to negotiate with this giant orthopaedic company. The claims representatives who work for DePuy are not on your side, but on the side of the company trying to preserve their money and limit their financial exposure.
As a DePuy hip implant lawyer in New Jersey and Philadelphia, we will bring a claim against DePuy for all compensation to which you are entitled. We will ensure that DePuy fairly and reasonably evaluates your claim for medical testing, medical treatment, second opinions, travel and cost expenses, loss of income while you recuperate, and the pain, suffering, and scarring that will be associated with the surgery required to repair the defective hip implant. Patients insurance carriers will not pay for these claims, but as a DePuy hip implant lawyer in New Jersey, we will see to it that DePuy pays proper and full damages for all the harm it caused to its patients.

NJ and PA DePuy Hip Implant Lawyers

If you have a DePuy hip implant, you really should speak with a DePuy hip implant lawyer in New Jersey or Philadelphia right away. In order to properly pursue the claim, a DePuy hip implant lawyer will ensure that the proper evidence to bring the claim is preserved and then evaluated by appropriate experts. For instance, for anyone having a DePuy hip implant replaced, it is vital to reserve the actual hip implant that is being taken out of your body. In addition, it is also vital to have the proper medical records and documentation establishing the nature and extent of your pain, suffering, and inability to work. A DePuy hip implant lawyer can help you preserve this evidence and make sure you get proper and fair compensation.

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 team earn you the compensation you deserve.

Is the DePuy Hip Implant Wear and Tear Just Like Other Implants?

depuy hip implant recall attorneys new jersey philadelphia asr replacementWhenever there is rubbing between two surfaces, there will always be wear and tear. All hip implants will have some wear and tear between the implant and the bone. During surgery, a surgeon will cut out the old hip joint and glue in a new hip joint (implant). These implants will have both a “ball,” which is at the head of the femur, and a “cup,” which is the joint/hip socket. These pieces will rub together and over time, break down.

However, although all of the implants do shed, most implant patients would not need a new implant for about 10 or 15 years. The wear rate for a metal-on-polyethylene implant is about 00.10 milileters each year. This hip implant wear rate was deemed to be medically insufficient.
The recalled DePuy hip implant system uses metal-on-metal bearings consisting of Cobalt and Chromium. DePuy advertised this system as producing less wear debris.

DePuy Hip Implants Don’t Deliver on Their Promises

Unfortunately, the medical research which tracked DePuy hip implant patients showed that these recalled DePuy ASR hip replacement systems had a greater rate of wear and tear, and were actually producing MORE wear debris. The research showed that there was a significant volume of microscopic metal particles which were being released into the patient’s bloodstream. These cobalt and chromium submicroscopic particles, accompanied with the rate at which they are being distributed within the body, can have seriously adverse effects on patients.

In addition, since the wear and tear rate of the DePuy ASR hip replacement systems seems to be greater than that of traditional hip implants, they are not lasting longer than traditional hip implants and surgery is needed much sooner. As a result, DePuy Orthopaedics, following an exposé published in the New York Times, finally issued a voluntary recall of these products.

NJ and PA DePuy Hip Implant Recall Attorneys

Although all hip implants (and all body part implants for that matter) are subject to wear and tear, the DePuy hip implant has a greater rate of wear and tear than it’s competitiors, and the metallic materials which are being shed during this wear and tear are hazardous to a patient’s health.
If you are the recipient of a DePuy ASR 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.

Our product liability attorneys will be able to offer you the right advice and steer you in the right direction concerting your next move. Let the team at the Mininno Law Office .

DePuy Hip Implant Claims – Is Time Ticking?

depuy hip implant recall attorneys new jersey philadelphia estatute limitationsIf you are one of the unfortunate patients who received the recently recalled DePuy Orthopaedics ASR hip implants, you are probably wondering if there are any time limits to make a claim?
Many people believe it is okay to wait until you have symptoms before making any type of claim for a defective hip implant. After all, why should you make a claim if your DePuy hip implant seems to be working and you are not experiencing hip symptoms?

In fact, most orthopaedists are advising patients to wait until they have symptoms before deciding to undergo a hip implant revision surgery. While that may or may not be sound medical advice, it is not sound legal advice for a defective DePuy hip implant claim.

Why Should I Rush to File My DePuy Hip Implant Claim?

Because you may lose your hip implant claim if you wait too long to bring it.
All states have what is known as a “statute of limitations,” which is a law that may bar any claims not brought within a certain period of time. For example, in New Jersey and Philadelphia, the statute of limitations is ordinarily two years from when a patient knew or should have known of a potential claim. If you have a Depuy hip implant, and you are not noticing any symptoms at this time, the statute of limitations may still be running on your claim as DePuy has already issued the recall notice. DePuy may try use the date of the recall notice as a statute of limitations defense.

The recall date was August 26, 2010, so DePuy may argue that any claim that has not been filed in a Court of law may be barred by the statute of limitations. What’s worse, if you began experiencing hip pain, discomfort or any other symptoms related to the defective hip implant BEFORE the recall date, DePuy may argue that your statute of limitations began running on the date you first experienced hip symptons.

DePuy Hip Implant Attorneys in New Jersey and Philadelphia

Since it is often difficult to determine when a judge or a court would decide when you “knew or should have known” that you had a defective hip implant claim or lawsuit, you should consult with a lawyer now, before time expires on your claim. Remember, the medical advice regarding a defective hip implant, re-implantation surgery, and appropriate testing for potential toxins in your blood stream will be very different than the legal advice you should be given regarding when and how to present your claim.

Contact the Mininno Law Office for a free case evaluation. A DePuy hip implant recall lawyer will take the time and give you important information about your legal rights. You may also call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Fights the New York Times and Loses

new jersey philadeplhia Depuy orthopaedics hip implant recall attorneys new york timesGive credit to the New York Times for being the first to warn patients and doctors about the potential defects that eventually led to the Depuy hip implant recall.

In March of 2010, The New York Times was the first to break the story about these potentially defective products which could cause serious injury to patients. Although The New York Times’ data was essentially indisputable, DePuy issued strong denials and defended it’s hip implant’s track record.
DePuy fought back, saying that their ASR XL Acetabular System was just as safe as other hip implant systems distributed by other manufacturers. Ironically, as The New York Times reported, DePuy was actually attempting a “silent recall” by phasing out the sales of these defective implants, claiming it was for “business reasons,” and denying it had anything to do with safety.

Not surprisingly, DePuy’s strenuous defense of it’s hip implants turned out to be false. In fact, a few months later, in August of 2010, the FDA sent a warning letter to DePuy regarding other questionable marketing techniques. Within days, DePuy issued a voluntary recall of it’s ASR hip implant system, and finally conceded that the failure rate for this hip implant was greater than that of it’s competitors.
DePuy Orthopaedics President, David Floyd, then belatedly expressed “regret that this recall will be concerning for patients, their family memebers, and surgeons.”

Interestingly, there was no mention of The New York Times article which identified the precise problems with DePuy’s hip implants just a few months earlier.
Let’s give credit to New York Times investigative journalists, Barry Meier and Andrew W. Lehren, for first breaking the story. Without their reporting, DePuy would have been successful in it’s “silent recall” of these potentially defective hip implants, and patients would have never known about the health risk associated with these products.

Mininno Law Office DePuy Hip Implant Recall Attorneys

If you or a loved one recently have recently undergone a hip replacement surgery, you may be the recipient of a defective DePuy hip implant. To be sure, you should contact your orthopaedic surgeon, or the hospital where the procedure took place.
If you are, in fact, a recipient, you will need a DePuy Hip Implant Recall attorney. 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, and (215) 567-2380 in Philadelphia.

We are here to help you earn the compensation you deserve.

DePuy Distributes “Helpful” Handout for Defective Implant Claims

Recently, DePuy Orthopaedics posted a patient handout for hip implant claims on its web site. This implant recall handout is supposed to provide patients with detailed information about the full amount of compensation that patients would be entitled to receive if their surgeon implanted a defective DePuy hip implant.
That handout states as follows (click on the image to enlarge):

new jersey philadelphia depuy defective hip implant recall attorneys handout distributionnew jersey philadelphia depuy defective hip implant recall attorneys handout distribution

DePuy sells Defective Hip Implants; Hires “Claims Adjustors” in Aftermath

In this country, our civil justice system deals with what happens when a corporation breaks the rules of society that are designed to keep citizens safe. Here, DePuy Orthopaedics has admittedly broken our civil rules of society by selling, for a profit, a defective product; more specifically, a defective hip implant. DePuy sold this product in order to earn a profit for its parent company, Johnson & Johnson, a publicly-traded company whose reported annual revenues of the 2008 fiscal year were $63.75 BILLION DOLLARS.

The question becomes:

What is fair compensation for a person who needs to endure pain, disability, loss of income, hospitalization, and the many risks associated with a second surgery when a $63.75 billion corporation sells, for profit, a defective hip implant?

Should a patient allow a DePuy claims adjuster, hired and paid by DePuy, decide what is their fair compensation? Would this DePuy employer be more concerned about a patient’s health and welfare, or the health and welfare of his/her employer Corporation?

NJ and PA Depuy Hip Implant Recall Attorneys

Ultimately, any person with a defective implant should consider presenting this claim to a jury of their peers to decide what would be fair compensation. DePuy’s “claim process” would shield the company from a jury of his or her peers to determine what this 63.75 billion dollar corporation should pay as fair compensation for its defective product – the ASR XL Hip Implant System.

We are strongly encouraging anyone with a potentially defective hip implant 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.
We’ll inform you of all, not just some, of your rights.