As New Jersey and Philadelphia DePuy hip recall lawyers, we have been posting information regarding the DePuy hip recall and how it is affecting patients. If you are one of the 93,000 patients worldwide who were fitted with a DePuy ASR hip implant, hopefully you have been following these posts regarding the lawsuits.
DePuy Recall Multi-District Litigation
As we have posted, over 100 DePuy hip recall lawsuits filed around the country have now been consolidated in the United States Court for the Eastern District of Ohio and Toledo under MDL2197. U.S. District Judge, David A. Katz, has been assigned to handle all of these Federal Court DePuy hip recall claims.
As a result, Judge Katz is responsible for coordinating all pretrial discovery and litigation concerning the nature of DePuy’s defective hip implant to promote judicial economy, prevent duplication of the same discovery in hundreds of cases, prevent the potential for hundreds of judges each individually ruling on the same issue, and to prevent inconsistent judicial rulings from these judges. The DePuy hip recall multi-district litigation (MDL) is a great way to streamline the DePuy hip recall litigation, conserve judicial resources, and save the parties money.
Although these DePuy hip recall lawsuits are consolidated under Judge Katz, each DePuy hip recall patient has his or her own individual case within the consolidated group case. If Judge Katz is unsuccessful in resolving any DePuy hip recall lawsuit before trial, that party’s case will eventually be sent back to where it was filed, and trial will proceed in that jurisdiction.
Thus far, the DePuy hip recall litigation consolidation has been effective. When Judge Katz was first assigned the DePuy case, there were only seven cases pending throughout the country. However, since the consolidation order, there have been over ninety-six DePuy hip recall lawsuits filed in over 34 different federal courtrooms. All of these DePuy hip recall cases are now consolidated under Judge Katz to be handled as is detailed above.
DePuy Hip Recall Lawyers in New Jersey and Philadelphia
As New Jersey DePuy hip recall lawyers, we support the consolidation of any case filed in Federal Court. However, many New Jersey and Philadelphia DePuy hip recall lawyers prefer that these case be filed in State court and not be consolidated with the MDL being managed by Judge Katz. If you are a DePuy hip recall patient, you should contact the Mininno Law Office for a free case evaluation, and to determine which jurisdiction is better suited to your case. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Please check back as we will continue to post about the DePuy hip recall litigation and any other developments under Judge Katz.
Several hospitals in the Netherlands use a checklist called SURPASS to assure that all the proper steps have been taken before a patient goes under the knife. Steps on the list include the confirmation of vital aspects of surgery such as the operating schedule, equipment availability, and surgical site. De Vries and his team found that of all of the medical errors that occured between 2004 and 2005, 29% of them could be attributed to at least one of the steps on the checklist. Additionally, 4 of the 10 deaths caused by medical malpractice could be linked back to the checklist.
Lanette Gervato was 35 years old when she was suffering from, along with unexplained headaches, a multitude of symptoms. She visited the University of Florida’s Shands Teaching Hospital for treatment. After testing, it was determined that Gervato was suffering from a non-bleeding aneurysm in her brain. A Shands neurosurgeon would perform a procedure in which coils would be inserted into the aneurysm.
As New Jersey and Philadelphia nursing home abuse lawyers, we hear from nursing home patients and their families that nursing home staff members do not change the bedding or sheets on a regular basis and, in particular, do not change the nursing home sheets when they become wet.
Connie Spears, a 54 year-old woman with a history of blood clots, went the the emergency room at the Christus Santa Rosa Hospital in San Antonio, Texas, complaining of excrutiating leg pain. She was discharged with “bilateral leg pain” and told to follow up with her primary care physician.
As we have posted previously, all hip recall lawyers will explain that a partial or total hip implant is not a cure for hip pain. However, what makes this Depuy hip recall so unusual is the extraordinarily high failure rate as compared to DePuy’s hip implant competitors. In fact, the medical research which lead to the hip recall has shown that between 12 and 13 percent of Depuy hip implant patients will require a hip replacement revision surgery within five years of receiving the replacement.
Longendorfer and the hospital reached a private and confidential settlement with Mrs. Golden before the trial. Dr. Smolko and his attorney are appealing the $1.88 million jury verdict.
In the Johnson & Johnson subsidary’s first press release, which was sent out on August 26, 2010, they boasted that they would cover “reasonable and customary costs of monitoring and treatment for services.” This was their first “offer” of compensation. This vague statement really meant nothing. DePuy refused to even acknowledge whether or not they would cover lost wages, medical expenses, or any other of the typical compensatory damages that defective product makers are required to pay to makeup for the harm they cause to their patients. In this case, if you are one of the 93,000 DePuy ASR hip implant patients and your hip implant has failed, or you are concerned about metal poisoning your system, you will likely need a second hip implant surgery.
As a DePuy recall lawyer, we tell our clients that it means nothing. Why? Because before any claims for compensation are considered, DePuy, who admittedly designed, manufactured, and sold for profit a defective hip implant to 93,000 patients, is requiring those patients to first pay for their medical expenses upfront. That’s right, if your hip implant has failed, and you need treatment or surgery, you first have to send your bills to your own health insurance company and, if you don’t have private insurance, Medicaid or Medicare. DePuy will only then consider a claim for reimbursement for any out of-pocket expenses and deductibles that are not being covered by your health insurance, Medicaid, or Medicare.