Tag: johnson & johnson

Johnson & Johnson Earmarks Nearly 1 Billion Dollars – For What?

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?

new jersey philadelphia depuy hip recall attorneys johnson moneyRecent 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.

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.

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 approvalFor 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 repRecently, 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.

DePuy Hip Recall Claims First Aussie Victim

As New Jersey and Philadelphia DePuy hip recall attorneys, we have been providing DePuy hip recall patients with information regarding the worldwide recall of their ASR XL hip replacement system. As you know from recent posts, this litigation has been consolidated in Ohio under Judge Katz. Recently, it was announced that an Australian citizen has joined this class action here in the US.

First Australian DePuy Victim Joins Fight

new jersey philadelphia depuy hip recall lawyers aussie victim bob lugton Bob Lugton, of Brisbane, Australia, was declared the first “Aussie” to join the DePuy hip recall lawsuit. Mr. Lugton filed suit when his DePuy hip implant failed only 18 months after having been implanted. As stated in previous posts, DePuy and Johnson & Johnson claimed that their hip implant would last as long as 20 years, so Mr. Lugton was a very unhappy man after his brand new hip failed so quickly. Like most DePuy hip recall patients, Mr. Lugton was also found to have cobalt and other metals leaking into his body from the wear and tear of his hardware. When asked why he joined the DePuy hip recall lawsuit, Mr. Lugton reportedly stated, “This is not for financial reasons”, but to let other people know of the devastating effects of toxic cobalt and chromium levels on his health and welfare.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As New Jersey and Philadelphia DePuy hip recall lawyers, we welcome Mr. Lugton to this legal battle over DePuy’s failed hip implant. Unfortunately, there are over 93,000 other “Mr. Lugtons” worldwide who are part of this hip recall and who are also entitled to compensation for DePuy’s defective hip implant.

If you or a loved one are one of the 93,000 patients who received defective implants, please 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 DePuy hip recall attorneys at the Mininno Law Office earn you the compensation you need a deserve.

DePuy Recall Attorney Response to Latest Comment From Reader

As New Jersey and Philadelphia DePuy hip recall attorneys, we recently posted a blog that defended orthopaedic surgeons who had utilized the DePuy hip implant on their patients. Although this post did not totally exonerate orthopaedic surgeons from the DePuy hip recall mess, it did urge patients to give their surgeons the benefit of the doubt. This post drew a very pointed comment by Mr. Juergen Schaberick, who stated-

“As a victim of the DePuy Pinnacle metal-on-metal [hip implant] I like to ask if you would still trust your surgeon when his name pops up on the official DePuy website when searching for a surgeon in your area.”

Not ALL Surgeons Accepted Kick Backs

new jersey philadelphia depuy hip recall lawyers defend orthopaedic surgeonsWe 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.

Most DePuy hip recall lawyers agree that these facts should give patients a good reason to be careful when choosing an orthopaedic surgeon. These facts should also give patients a strong incentive to seek a second, independent medical examination. Although there are a few orthopaedic surgeons who certainly should never be trusted when it comes to DePuy hip implants, we still believe that the majority of orthopaedic surgeons who prescribed the DePuy hip implant for their patients did so because they were fooled by Johnson & Johnson and DePuy’s slick marketing campaign.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

Regardless of your orthopaedist’s reasons for using any of the DePuy hip implants, if you are a DePuy hip recall patient, you are in a very tough situation and have some tough choices. That’s why all DePuy hip recall lawyers are encouraging patients to contact an attorney to learn of all available options when it comes to seeking compensation. Thank you again Mr. Schaberick for your comments. We look forward to future comments from you.

If you or a loved one have suffered the effects of a defective DePuy hip replacement, 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. Don’t be fooled by DePuy claims adjusters. Let the lawyers at the Mininno Law Office earn you full and fair compensation.

DePuy Hip Recall Lawyers Defend Orthopaedic Surgeons

As New Jersey and Philadelphia DePuy hip recall lawyers, we are frequently asked whether or not DePuy hip recall patients can trust their orthopaedic surgeons to give them honest, fair, and impartial advice regarding the recall. After all, this orthopaedic surgeon was the one who initially recommended the patient receive the DePuy product in the first place. However, while a small percentage of orthopaedic surgeons may have initially been offered financial incentives by DePuy and Johnson & Johnson to utilize the implant that has since been recalled, many surgeons likely chose the implant based on DePuy’s marketing of the benefits of its product. Also, while some orthopaedic surgeons may have accepted honorarium or speaking engagements money from the Johnson & Johnson subsidiary in the past, now that the implant has been recalled, it is unlikely that any orthopaedic surgeon would jeopardize his or her career by accepting further monetary compensation to promote a recalled product.

Seek a Second Opinion

new jersey philadelphia depuy hip recall lawyers defend orthopaedic surgeonsAs 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 osteolysis, and whether the patient should obtain blood tests to determine the presence of metallic debris. This second opinion should also cover what type of implant will be utilized during the second surgery.

While all DePuy replacement recipients should follow their orthopaedic surgeon’s medical advice, most DePuy hip recall lawyers are recommending that any doctor that insists on using a DePuy implant be looked upon with skepticism. The bottom line: final choice of which hip implant (and which orthopaedic surgeon) always belongs to the patient.

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 prepared to earn you the full and fair compensation that you need and deserve. Don’t be fooled by DePuy insurance claims adjusters who claim to be on your side. Seek out an attorney to fight for your rights.

Should DePuy Defective Hip Recall Make all Hip Implant patients Think Twice?

As DePuy hip recall lawyers, we have been posting daily about the hip recall litigation and other matters that may be of interest to any DePuy hip recall patient. Since this past August, many patients who are considering hip implant surgery have been wondering whether it is time to stop and think about the future of hip implant surgery. After all, any replacement procedure, whether replacing a hip, shoulder, or knee with an implant, involves replacing the body’s natural bone and tissue with man made metals and ceramics. Here, DePuy used chromium and cobalt in its ASR hip replacement system. For the 93,000 implant recipients, the recall was very bad news and is making all potential joint replacement patients reconsider their medical options.

Good Future for Joint Replacement Surgeries

new jersey philadelphia depuy hip recall lawyers patients think thiceFortunately, 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.

Sadly, after 93,000 patients received the replacement, it turns out that DePuy’s hopes didn’t pan out. Now, these patients will be forced to undergo another surgery to remove the defective implant and replace it with yet another hip implant. Fortunately, as technologies improve and manufacturers see the downside of prematurely placing products on the market, there will be less and less complications involving joint replacement surgery in the future.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you or a loved one recently underwent hip replacement surgery and you’ve discovered that your implant was manufactured by DePuy, contact the Mininno Law Office for a free case evaluation. We are prepared to provide with appropriate assistance and lead you in the right direction regarding your claim against DePuy. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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

new jersey philadelphia depuy hip recall lawyers second opinion hip implantAs 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 flawsOne 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.