hip replacement Archives - New Jersey Medical Malpractice Lawyers

Medical Malpractice Lawyers Advise Patients of Smith & Nephew’s Intention to Remove Hip Replacement Devices from the Market

Medical malpractice lawyers have recently learned that Smith & Nephew PLC has announced that it will withdraw a metal liner used for its R3 Acetabular System hip replacements from the market. The company said that it is “not satisfied with the clinical results” of the liner because some patients have required an additional surgery to have the liner removed. Smith & Nephew introduced the hip replacement liner in 2009. Since that time, about 7,700 patients have had them implanted. According to Smith & Nephew, patients who have not experienced problems do not need to have the liner removed. The majority of the R3 Acetabular System hip replacement liners were used in stemmed total hip replacements.

Medical Malpractice Lawyers Express Concern Regarding Increasing Hip Replacement Device Recalls

philadelphia medical malpractice lawyers, new jersey medical malpractice lawyers Complaints about failed hip replacement devices have continued to indicate that patients are experiencing serious problems with certain types of artificial hips. In the past two years, the Food and Drug Administration has received more than thousands of reports about popular devices known as metal-on-metal hips, including the A.S.R. or Articular Surface Replacement manufactured by the DePuy division of Johnson & Johnson, the Zimmer Durom Cup, and implants made by Stryker Orthopedics. Smith & Nephew now joins this list with their latest recall.

In many cases, the all-metal devices were sold without testing in patients or without a requirement that producers track their performance. However, complaints from patients indicate many of them had the all-metal hip devices removed because they failed after only a few years. Typically, replacement hips last 15 years or more.

Metal-on-metal hip replacements can cause devastating injuries as many patients have suffered injuries as a result of tiny particles of cobalt and chromium that the metal devices shed as they wear. Common injuries are damaged muscles and other soft tissue, severe inflammation or the need for additional surgery, also called a revision.

Medical Malpractice Lawyers in Philadelphia and New Jersey

The Philadelphia medical malpractice lawyers at Messa & Associates are experienced at handling cases involving medical malpractice cases resulting from medical errors and defective medical devices. Our extremely skilled team of medical malpractice lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you or a loved one has suffered personal injuries as a result of a medical error, defective medical device or any other type of negligent care received by a medical provider, contact the medical malpractice lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.

DePuy Recall Law Suit Judge Enters First Case Management Order

new jersey philadelphia depuy hip recall lawyers Judge Katz As 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 approval For 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.

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 rep Recently, 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 implant Under 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.”

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.

Patients with Bilateral DePuy Hip Implants: Contact an Attorney

As New Jersey and Philadelphia DePuy hip recall lawyers, we have been posting DePuy hip recall information since the news was made public. We hope this legal information has been helpful to anyone affected by the recall.

Multiple Hip Implants, Multiple Surgeries, More Compensation?

new jersey philadelphia depuy hip recall lawyers Replacement ALL DePuy Hip Implants Most DePuy hip recall patients have had a single DePuy hip replacement. However, many times, an orthopaedic patient will require both hips to be replaced in a surgery called a bilateral hip replacement surgery. Unfortunately, for those patients who have had a bilateral hip-replacement surgery with the recalled DePuy hip implant, the recall is twice as troubling because these patients will require more extensive surgery to remove the two DePuy hips.

As New Jersey and Philadelphia DePuy hip recall lawyers, we have shared in previous posts the expert research recommending that any DePuy hip recall patient have their DePuy hip implant removed. Therefore, if you are one of the unfortunate DePuy hip recall patients that have had a bilateral hip replacement with a DePuy hip implant, the medical experts are also recommending that both DePuy hip implants be removed, even if only one DePuy implant is presently causing symptoms.

All recall patients deserve full and fair compensation for DePuy’s recalled hip implant. However, those DePuy hip recall patients who have had a bilateral hip replacement deserve significantly more compensation from DePuy because they will need to undergo twice the amount of pain, suffering, and disability, and will likely not return to their normal health which they enjoyed before their DePuy hip implant surgery.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia.

If you are the recipient of one or two DePuy hip implants, 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 Depuy hip recall lawyers at the Mininno Law Office are eager to help recall victims earn the compensation they are absolutely entitled to.

Will A New DePuy Hip Implant Replace My Defective DePuy Implant?

new jersey philadelphia depuy hip recall lawyers second opinion hip implant As a New Jersey and Philadelphia DePuy hip recall lawyer, I have been posting on various DePuy hip recall topics and trying to answer questions that patients and victims may have about the recall. One question that many DePuy hip recall patients have is, “What type of hip implant should be used to replace the defective DePuy hip implant?”

Naturally, many victims do not want another DePuy hip implant. You know the old saying, “Fool me once, shame on you. Fool me twice, shame on me.” As a New Jersey and Philadelphia DePuy hip recall lawyer, I am strongly encouraging DePuy hip recall patients to ask their surgeons for implant options other than the DePuy hip implants. Only your doctor can tell you which hip implant is best for you, but if a doctor tries to push for a DePuy replacement, I urge you to get a second, independent medical opinion.

Why Seek A Second Opinion?

There are some reports that surgeons have a financial affiliation with DePuy and therefore would likely favor a DePuy hip implant over other hip implant manufacturers. DePuy hip replacement patients should be concerned about any potential conflict of interest between a surgeon and DePuy.

Patients: Speak up!

Be your own advocate. All DePuy hip recall patients should specifically ask his or her surgeon whether or not they have any financial relationship or connection to DePuy Orthopaedics or Johnson & Johnson. And remember; no matter what the surgeon recommends, you always have the final say as to what type of hip implant will be used to replace your defective DePuy hip implant.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you or a loved one have received a defective DePuy hip implant from a recent hip replacement surgery, contact the Mininno Law Office for a free case evaluation. The DePuy hip recall lawyers at the Mininno Law Office are capable of earning you full and fair compensation, as opposed to what DePuy will offer should you not contact an attorney. 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 fight for your rights to compensation.

DePuy Hip Recall Design Flaw Still A Mystery

This DePuy Hip Recall article is one in a series of posts designed to provide DePuy hip implant patients with information regarding the hip implant recall.

DePuy Hip Recall Lawyers Answer Questions

new jersey philadelphia depuy hip recall attorneys defective design flaws One of the questions patients have asked is, “What is the defect that is causing these implants to fail?” Not surprisingly, DePuy Orthopaedics is not telling its DePuy hip implant patients anything of substance regarding why these DePuy hip implants are failing and why they have issued this hip recall. But, DePuy won’t be able to keep its secrets for long. Ultimately, because of the lawsuits, DePuy representatives will have to testify, under oath, about the hip recall. Then, DePuy hip implant patients will finally learn the truth.

Also, DePuy hip recall lawyers will hire experts on behalf of the hip recall patients who will get a chance to look at DePuy’s engineering data and specification to determine what is causing the defect that has so dramatically affected so many hip recall patients. Until then, both DePuy hip recall lawyers and hip patients can only speculate about the true nature of the hip implant defect.

What is known is that the pain and symptoms associated with the DePuy hip implant system involve the loosening of the cup, unusual wear and tear in the hip joint, and the shedding of metal debris into the surrounding tissues causing osteolysis. Ultimately, as the litigation progresses, New Jersey and Philadelphia DePuy Hip Recall lawyers will get more information about why this defect occurred and how it will affect the entire 93,000 DePuy hip implant patients.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you have received a defective DePuy hip implant and are not sure about your next step, you should seek out the assistance of a DePuy hip recall lawyer. 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 team at the Mininno Law Office earn you the compensation you need and deserve.

DePuy Hip Recall Lawyers Warn Against Johnson & Johnson’s Tactics

If you are one of the 93,000 patients affected by the defective DePuy hip recall, you should expect to receive an unwanted telephone call from a DePuy hip recall insurance adjuster paid for by DePuy Orthopaedics and their parent company, Johnson & Johnson.

DePuy Insurance Adjusters Trained to Cheat You

This insurance adjuster is a trained professional working on behalf of DePuy Orthopaedics and Johnson & Johnson to reduce your potential exposure to damages. While they may seem to be concerned for your well being and deeply apologetic for issues arising from the hip recall, these skilled claims adjusters are following a careful script. new jersey philadelphia depuy hip recall lawyers warn against johnson tactics

First, these DePuy hip recall adjusters will try to gain trust and become something of a confidant. They will promise to help by paying for medical bills and offering other compensation. But some patients have reported being probed by DePuy insurance adjusters regarding post-operative symptoms, even though these adjusters have no medical training to determine whether symptoms are related to a defective DePuy hip implant or some other condition.

DePuy hip recall insurance adjusters are not your friend, do not represent you, and are not looking out for your best interest. Instead, they are documenting everything that you are and are not saying. They will likely utilize the information during later litigation to deny or minimize your right to recoveries.
What’s worse; although all DePuy hip implant patients have legitimate medical questions that they would like to ask, the DePuy claims adjusters are trained not to provide any meaningful answers, but to simply gather information and discourage recall victims from seeking proper legal representation.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As a New Jersey and Philadelphia DePuy hip recall lawfirm, we believe that patients are entitled to far more than what is being offered by Johnson & Johnson and DePuy Orthopaedics. All DePuy hip implant patients are entitled to full and fair compensation, which includes full payment of medical bills, wage losses, pain and suffering compensation, and any and all damages which are lawfully permitted under our civil justice system.
If you are a victim of the DePuy hip implant recall, 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.

Don’t let a DePuy insurance claims adjuster rob you of your right to full and fair compensation. Let a DePuy hip recall lawyer earn you the recoveries you are entitled to.