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?
Recent 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.
We 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.
As New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have
Fortunately, the medical future involving artificial joint replacement looks bright. Notwithstanding the failure of the DePuy hip implant, scientists, metallurgists, and researchers are constantly searching for better options for joint replacement patients. Unfortunately, companies like DePuy Orthopaedics and Johnson & Johnson have a financial incentive to be the first manufacturer to get their products on the market. As such, it must be questioned whether this profit motive causes manufacturers to put medical devices on the market before conducting long term studies about the product. In the case of DePuy, it appears that there were no long term studies regarding the wear and tear of the implant before the product was released into the market. Perhaps DePuy and Johnson & Johnson hoped that the chromium and cobalt metal parts in the hip implant would not pose a problem to potential patients.
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.
Fortunately, the Mininno Law Office and its New Jersey and Philadelphia Depuy hip recall lawyers work on a “contingency-fee basis,” which allows you to get the best legal representation available without having to pay up front. Contingency means service now, pay later.
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The medical research is showing that these hip implants need to be removed much sooner than traditional hip implants. In addition, because these recalled hips are shedding chromium and cobalt metals into the bloodstream, research suggests that these patients will have significant inflammation and injuries to surrounding tissues and structures. Who knows what long-term damage this metal will have on these patients. Finally, these chromium and cobalt metals are circulating with the patient’s bloodstream. Again, who knows what damage these metals will have on a patient’s circulatory system, the heart or the brain.
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.